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Home My WebLink About08-28-2018 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 28, 2018 CITY COUNCIL MEETING AGENDA 6:00 P.M. AT CITY HALL 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:05 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg. 3) 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. Xcel Energy (pg. 7) 6:05 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—July 24, 2018 (pg. 9) C. Approve City Council Minutes—July 24, 2018 (pg. 11) D. Consider Amendment to Council Salaries (pg. 17) E. Approve By-Law Amendments —Convention and Visitor's Bureau (pg. 21) 6:05 p.m. V. Public Hearings None 6:05 p.m. VI. Old Business A. DARTS Loop Bus Route— Greater Stillwater Area(pg. 59) 6:10 p.m. VII. New Business A. No Wake Zone (pg. 87) B. Preliminary and Final Plat: Ridgecrest—Oak Park Heights I, Located at 13523 601' Street N. (pg. 13 1) C. Approve Developer's Agreement—Ridgecrest I, LLC (pg. 151) D. Oak Park Heights—Entrance Signage (pg. 167) E. Pedestrian Safety (pg. 179) F. "Blue Light" Indicators on Traffic Signal Poles (pg. 183) G. Approve Extension of Due Diligence Period for Madison Hospitality Group to November 15, 2018 (pg. 209) Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 216 City Council Agenda August 28,2018 Page 2 H. City Offices Mailing Address Transition Plan (pg. 213) I. Approve Contract Amendments — City Administrator(pg. 215) 6:30 p.m. VIII. Other Council Items or Announcements 6:30 p.m. IX. Closed Session (closed pursuant to Minnesota Stat. 13.d.05) A. City Administrator Performance Review 6:45 p.m. IX. Adjourn Page 2 of 216 4. Oak Park Heights Request for Council Action Meeting Date August 28, 2418 Agenda Item Recycling Award Time Req. 4 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski t 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. Page 3 of 216 August 16, 2018 Derek Nelson 14393 5511 Street N Oak Park Heights, MN 55082 Dear Derek: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, August 16, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk Page 4 of 216 August 2, 2018 Beth Selfe 14793 Upper 56th Street N Oak Park Heights, MN 55082 Dear Beth. Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, August 2, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk Page 5 of 216 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 216 Oak Park Heights Request for Council Action Meeting Date August 28`x'. 2018 Time Required: 5 minutes Agenda Item Title:_ Xcel Energy_ Agenda Placement Visitor's Pub1W'Z' onYmedt Section Originating Department/Requ for nson Citv Administrator Requester's Signature Action Requested Discussn/Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Colette Jurek from Xcel Energy would like to make a short presentation to the Council regarding the upcoming 50th Anniversary Celebration planned for Sept 0,2018 as well as provide some general Xcel Energy updates. Lastly, she would like to introduce the new A.S.King Plant Manager Brian Behm. Page 7 of 216 THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 216 -OT-4 Oak Park Heights Request for Council Action Meeting Date August 28, 2018 Agenda Item _Approve City Council Worksession Notes—July 24, 2018 Time Req. 5 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (PIease indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 9 of 216 F CITY OF OAK PARK 14FIGHTS CITY COUNCIL WORKSF;SSION NOTES TUESDAY,JCLI` 24. 2018 Present: Mayor McComber, Councilmembers Dougherty, Liljc`,ren, Runk, and Swenson; City Administrator Johnson; City Attorney Sandstrom; Finance Director Caruso; Public Works Director Kegley; and City Clerk Pinski. I. Call to Order: Mayor McComber called the meeting to order at 5:00 p.m. 2. 2019 Budget Discussions: Finance Director Caruso provided and reviewed budget notes. She reviewed the Chief of Police's memo. Public Works Director Kegley reviewed his department's budgets. Mayor McComber requested $50,000 be added to the snow removal budget. Caruso responded that they replenished the reserve to the 201$ budget. She said she will update it for the next meeting. Councilmember Swenson suggested Public Works staff visit the retirement communities to educate about diapers in the lift station. He said to bring pictures and examples. Caruso went through the remainder of the budget. ` McComber said that the Mayor's Conference was scheduled to be in Oak Park Heights in 2019. SlI ;us esicd the City prepare swag bags with items such as a coffee mug. She said they could use funds from the council conferences budget. McComber provided a chart on council salaries for surrounding areas. COUncllmember Swenson srh--etcd a raise of$1,000 per year for the Mayor and Council. City Administrator Johnson reported on the procedure for changing council salaries. He said the Ordinance would need to be amended. Caruso said she would add the raise to the budget. Caruso pointed out some budgeted projects that could be increased. Swenson suggested the generator replacement fund should be increased. He requested the Public Works Director get a quote on leasing a generator instead of buying. Caruso reported that Summer Park Program Coordinator Zeuli requested a$1,000 increase to her budget. The City Council was amenable. Caruso said she would add Zeuli's request to the budget, and she would prepare a statement of impact for the other requests for the next meeting. No action was taken. 3. Discussion of Met Council Credit: Finance Director Caruso reported that the\ City could request the credit now, or later with a tufo percent interest rate. Mayor McComber suggested the credit be put toward meter replacement but don't raise rates in the water/sewer rate study. C11RISO proposed reducing the next quarter bill by$80.00 as a credit to all customers. She said she could come back to the City Council for action on that. No action was taken. 4. Adjourn: The meeting was adjourned at 6:05 p.m. Page 10 of 216 Oak Park Heights Request for Council Action Meeting Date August 28, 2018 Agenda Item Approve City Council Minutes—July 24, 2018 Time Req. 5 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature ---f� Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 11 of 216 CITY OF OAK PARK HEIGHTS TUESDAY, JULY 24, 2018 CITY COUNCIL MEETING MINUTES L Call to Order/Pledte of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:10 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, Public Works Director Kegley, City Attorney Sandstrom, City Planner Richards and City Engineer Mann. Absent: None. Mayor McComber added "Consider Emergency Services Request from City of Bayport' to New Business as Item J. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she attended a meeting with Xcel Energy on the Integrated Resource Plan, the Regional Council of Mayors meeting; the LMC Board of Directors orientation and meeting, and the NLC Small Cities Conference that week; she would be attending a meeting with the Coalition of Utility Cities and Just Transition Fund, the local economies meeting, and the transportation policy committee meeting the following week. B. Councilmember Dou _gherty: He reported the Planning Commission meeting was set for July 12. C. Councilmember Liljegren: He reported the Parks Commission meeting was set for July 16. They would be doing a walkthrough of the parks and holding the regular meeting in conjunction with that. D. Councilmember Runk: No report. E. Councilmember Swenson: No report. F. Staff: City Clerk Pinski reported that Melinda Peters of 13947 55th Street North and Kris Johnson of 14143 Upper 54th Street North were chosen as the recycling award winners for the month of July. III. Visitors/Public Comment: A. Manning and STH 36 Intersection Update: Nathan Arnold, Project Manager with Washington County Public Works, provided a PowerPoint presentation. Page 12 of 216 IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes —June 26, 2018 C. Approve City Council Minutes —June 26, 2018 D. Authorize the 2018 Ragnar Relay Event to Proceed in the City E. Approve Proposal for Engineering Services—Feasibility Study 58th Street and Memorial Ave. F. Accept Grant for Tuition for Police Officer Training at the FLETC G. Schedule Hearing to Show Cause for Alcohol Compliance Violation— Applebee's H. Schedule Hearing to Show Cause for Alcohol Compliance Violation - Chipotle Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: None VII. New Business: A. Consider Fee Waiver—Food Truck Event: City Administrator Johnson reported that the Chamber of Commerce was requesting that the City waive the costs associated with the City Police Department, which was $1,636 stemming from additional patrol for the Food Truck Event. He said the costs were a pass-through cost from the School District. Councilmember Runk stated he did not think the City should waive the fees because it would set a precedent, and to absorb the cost would be to put it on the City's taxpayers. Councilmember Liljegren agreed so long as all parties involved were aware there may be such costs. Robin Anthony, Director of the Greater Stillwater Chamber of Commerce, was present at the meeting and said that there were no fees the previous year and it was not made clear what the costs would be until about two to three months prior to the event. Councilmember Swenson suggested that Anthony work with City Administrator Johnson to gather all the facts to be sure they were adequately informed. Councilmember Swenson, seconded by Councilmember Liljegren, moved to defer the matter to the next City Council meeting for more information. Carried 5-0. B. Utility Connection Agreement— 5725 Oakgreen Ave.: City Administrator Johnson reported that the owner of land at the northeast corner of Page 13 of 216 Oakgreen Avenue and Oak Park Boulevard inquired with the City as to the possibility of connecting into the City's utilities. He said the site was currently served by well and septic, and timing was appropriate as the streets and area would be under construction for Palmer Station. Mayor McComber requested staff make sure the applicant knew that all fees would be due at 60 months. Councilmember Swenson, seconded by Councilmember Dougherty, moved to authorize the utility connection as presented by City staff. Carried 5-0. C. Consideration of Royal Credit Union— Oak Park Heights Retail—PUD Amendment 13161 601' Street North: City Planner Richards reviewed his planning report. Councilmember Dougherty, seconded by Councilmember Swenson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. D. Consideration of O'Neil Electric—Request for Rezoning and Conditional Use Permit— 6143 Osgood Ave.: City Planner Richards reviewed his planning report. Councilmembers Swenson and Dougherty and Mayor McComber stated they did not have a problem with the bucket truck being stored on site as requested by the applicant. Councilmember Swenson, seconded by Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. E. Consideration of Joseph's Restaurant—Freestanding Sign Variance and Conditional Use Permit— 14608 601' Street N.: City Planner Richards reviewed his planning report. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. F. TIF Policy Amendments —"Limited TIF Support": Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the amendments. Roll call vote taken. Carried 5-0. G. Approve Amendment to Summer Park Program Coordinator and Related Community Holiday Event Expenditure: Mayor McComber suggested the expenses come from the Council Contingency Fund. Councilmember Liljegren, seconded by Councilmember Swenson, moved to approve. Carried 5-0. Page 14 of 216 H. Park Security Cameras: City Administrator Johnson reported that the total cost was quoted at $8,421.92 from Electro-Watchman for the cameras at Valley View Park and Cover Park. He suggested possible funding from the Budgeted Projects—Park and Trail Improvements Fund. He also stated a draft policy related to the collection and release of video from the cameras was included in the meeting packet. Mayor McComber suggested the expense come from the Park Fund. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the installation with funding from the Park Fund and approval of the retention policy. Carried 5-0. I. DARTS Loop Bus Route—Greater Stillwater Area: Sally Anderson from Community Thread was present at the meeting and provided a presentation. She reported that Community Thread was approached by DARTS group, a non-profit, to provide a loop bus route and on-demand stops in the area. She said they were requesting $3,000 each year for 2019 and 2020 from the City of Oak Park Heights. Councilmember Swenson, seconded by Councilmember Liljegren, moved to discuss at the next budget worksession. Carried 5-0. J. Consider Emergency Services Request from Cit, oByport: City Administrator Johnson reported that the City received a request for Emergency 911 coverage from the City of Bayport for a period of four hours on July 26, 2018 so their officers could attend a funeral. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve, and if there were overtime expenses to take them from the Council Contingency Fund. Carried 5-0. VIII. Other Council Items or Announcements: Councilmember Runk reported that the flashing pedestrian crossing light that was being installed on Osgood Avenue at 55th Street was not the same one as on 10th Street, and they had said it would be. He said traffic could not see the crossing when coming from the north. Councilmember Runk, seconded by Councilmember Dougherty, moved to direct staff to send a letter requesting they make some adjustments. Carried 5-0. IX. Closed Session (closed pursuant to Minnesota Stat. 13.d.05) A. City Administrator Performance Review: Councilmember Swenson, seconded by Councilmember Runk, moved to table to the next meeting. Carried 5-0. Page 15 of 216 X. Adiourn: Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 7:23 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 16 of 216 Oak Park Heights Request for Council Action Meeting Date August 28th 2018 Time Required: I Minute Agenda Item Title: Consider Amendment to Council Salaries Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator 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): As part of the 2019 Budget discussions, the City Council did consider an amendment to the salaries paid to the office of the Mayor and Council Members. Adding $1,000 annually to each office over the current rates. The rates were last amended in 2009. This would be formally accomplished by amending City Ordinance 202.02 reflecting such rates and a REDLINE edit is enclosed as is an Ordinance Resolution. If passed by the City Council—pursuant to MN STAT. 415.11 and would not take effect until 2019—being after the "next succeeding election" and to those serving then. The new rates would be: $648.33 from $565 for the Office of the Mayor ($7,779.96 annually) $563.33 from $480 for the Office of City Council Member ($6,759.96 annually) Page 17 of 216 7 202 AN ORDINANCE PROVIDING FOR WORKER'S COMPENSATION BENEFITS AND ESTABLISHING THE SALARIES OF THE MAYOR AND COUNCILMEN OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: 202.01 Worker's Compensation. The Mayor and Council members of the City of Oak Park Heights are hereby entitled to receive compensation from the City in accordance with the provisions of the Worker's Compensation Law of the State of Minnesota. If the Mayor or any Council member sustains an injury or illness, covered by law, not caused by his/her intoxication or willful misconduct and not intentionally self-inflicted,which with or without negligence is proximately caused by and arises out of and in the course of performance of his/her duties as such Mayor or Council member, he/she or his/her dependents shall be entitled to the maximum benefits provided under the compensation law upon the date of such injury or illness. 202.02 Salaries. Commencing on the first business day of January,20199,the salary of the Mayor of the City of Oak Park Heights shall be$565.00$f 48.33 per month,and the salaries of Council members shall be $490.00 $563.33 per month. 202.03 Travel and Expenses Policy—Out-of-state Travel A. The City of Oak Park Heights recognizes that its elected officials may at times receive value from traveling out of the city for workshops, conferences, events and other assignments. This ordinance sets forth the conditions under which the City will reimburse out-of-state travel. 1. The event, workshop, conference or assignment must be approved in advance by a motion by the City Council at an open meeting; and must include an estimate of the cost of be travel. In evaluating the out-of-state travel request, the Council will consider the following: Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the Mayor or as a council member; Whether the elected official will he meeting and networking with other elected officials from around the country to exchange ideas Page 18 of 216 on topics of relevant to the City or on the official roles of local elected officials; Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council; Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a"sister-city" relationship; Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City; Whether the City has sufficient funding available in the budget to pay the cost of the trip. B. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. C. Travel Expenses shall be limited by the budget established by the Council for that purpose. Amended: Section 202.02 through 202.03. Passed June 9, 1998. Section 202.02. Passed October 14, 2005. Page 19 of 216 W 1 MINNESOTA STATUTES 2017 415.11 415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision 1. Set by ordinance.Notwithstanding the provisions of any general or special law,charter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd.2. After next erection.No change in salary shall take effect until after the next succeeding municipal election. Subd. 3. Temporary reductions.Notwithstanding subdivision 2 or a charter provision to the contrary, the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance,after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. History:Ex1967 c 42 s 1,2,- 1976 c 44 s 34; 2009 e 152 s 17 Copyright©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved, Page 20 of 216 41' m Oak Park Heights Request for Council Action Meeting Date August 28th, 2018 Time Required: 5 minutes Agenda Item Title: Convention and Visitors eau—Request Approval of By-Law Amendments Agenda Placement Consent A enda Originating Department/Requester c Johns ' Cit Administrator o Requester's Signature Action Requested A rddal -L w Amendments —Convention and Visitor's Bureau. Background/Justification (Please indi to if any previous action has been taken or if other public bodies have advised): Y CVB President, Chuck Dougherty has supplied a request from the Convention and Visitor's Bureau (CVB)outlining a request to amend their corporate/governance By-Laws. A REDLINE/ Marked-Up"copy is enclosed showing the proposed changes. While there is some minor language clean-up,the meritorious changes worth noting is an expansion of the voting membership from 7 to 12 in the following method: • One voting seat must be from an Oak Park Heights Small or Large Property(This is in the current and remains as is) • One additional voting seat is given to a Stillwater or Oak Park Heights"Small"property(To 3 up from 2) • One additional voting seat is given to a Stillwater or Oak Park Heights"Large"property. (To 5 up from 4) • Three formerly NON-voting/advisory seats will now be given voting authority; being the IBA—Mainstreet Association, the Greater Stillwater Chamber of Commerce and a local area Bar/Restaurant/Attraction. The CVB is seeking these changes to be more inclusive in their decision making with other local business/tourism entities and also to improve the ability to achieve a quorum. Recommendation: Pursuant to the 2008 City/CVB-Revenue Collection Agreement—which also outlined the use of the 3%Lodging Tax,the City is required to approve such change to any By-laws and such request appears to be consistent with that Agreement. That agreement is also enclosed herein. Further, the CVB has regularly presented its impacts and accomplishments to the City Council over the years and which has been found favorable. Lastly, with the new By-laws proposed the City could have 83% of the total representation,this is down from the previous percentage of possibly 100%, however considering the membership and number of facilities, that 100%scenario was unlikely and the new percentages do not appear disproportional. Based on these concepts, Staff does believe these changes are reasonable. NOTE: In 2017,the City allocated$34,450.50 to the CVB as generated by the lodging tax in Oak Park Heights forwhich 95%of such revenues are allocated to the CVB. Page 21 of 216 Date: August 15, 2418 To: Eric Johnson, City Administrator From:Chuck Dougherty, CVB President Re: Convention and Visitors Bureau By-laws update Eric, long-range planning of the CVB this year the Board has is would decdthat As part of theg we needed to be more inclusive in our representation on ede Board. changes mean a by-law change, and in our by-laws, we are require are approved by �' both Ci Councils. Following is a list of the changes wecopy akinf and attached you will find amarked-up copy of the old by-laws and clean updated by-laws the CVB Board has approved. Article 1, Section 2 Added weddings Article 2, Section 1 d language ies to be voting members on Remove e that only allowed lodging propert g g the Board of Directors Article 3, Section 2 changeon definition of who can be a director. We don't have members. Language Changed the number of representatives from small properties from two to three Changed the number of representatives from large properties from four to five. Changed IBA and Chamber representatives to voting members Page 22 of 216 Added a voting representative from an area Bar/Restaurant/attraction Added language and process for selecting Board of Director members Section 5 Removed language from 2015 for staggering Board positions. Article 4 Section 1 Remove language regarding old Board selection method. Article 5 Section 3 Removed voting of membership on by-laws change. We are hoping to have this on the Council's agenda as soon as possible. Please let me know if you have any questions or would like to talk about all or any part on the by-law change. Sincerely, 4,16 Chuck Dougherty CVB President Page 23 of 216 012STILLWATER&OAK PARK HEIGHTS Convention&Visitors Bureau (CVB) BYLAWS geGeP414ef June 2018 TABLE OF CONTENTS PAGE 1. Mission Statement&Bylaws -2108 1 —10 2. Certificate&Articles of Incorporation 11 3. Adoption, Certification 12 4. ATTACHMENTS [Certificate of 13-17 Incorporation,Articles of Incorporation] CVB BYLAWS 1. General Mission Statement&Bylaws Effective: Feb.2008 MISSION STATEMENT The mission of the Stillwater and Oak Park Heights CVB is to increase the economic benefit of tourism with an emphasis on overnight stays. 1 Page 24 of 216 BYLAWS ARTICLE I—GENERAL Section 1. The name of the corporation shall be Stillwater and Oak Park Heights Convention and Visitors Bureau, Inc.,hereafter referred to as CVB. Section 2. The objective of the CVB shall be to promote tourism and marketing of the Greater Stillwater area. The intent of the CVB shall be to attract overnight visitors,groups,weddings,meetings and conventions. Section 3. No assets of the corporation shall inure to the benefit of or be paid to any person who is a member,director,officer,or other private person, except that reasonable compensation may be allowed for services rendered in furtherance of the goals of the CVB. 2 Page 25 of 216 ARTICLE II—MEMBERSHIP Section 1. Voting membership in the CVB shall be limited to lodging properties within the municipal boundaries of Stillwater and Oak Park Heights which collect and remit a local option lodging tax as defined in Minnesota Statutes 469.190 and authorized by city ordinance, Voting members must be current and in good standing in said collection and remittance obligations with no defaults or delinquencies not under appeal pursuant to the terms of said city ordinance- lodging tax. Each lodging business properties entity or individual shall be entitled to one representative membership,whether voting or non-voting, in the CV8. Section 2, It is acknowledged that there shall be two lodging classification types: 1. Properties operating more than ten rental rooms shall be known as a Hotel or large property 2. Any property having ten rooms or less shall be known as a Bed and Breakfast or small property. Section 3. Nan-voting associate may be granted to individuals or businesses meeting the associate member requirements,as set forth by the CVB Board of Directors at their discretion and upon payment of any applicable dues. i Section 4. Any associate member may be suspended or revoked for cause as determined by the Board of Directors, provided that such membership may appeal to the board at the next regular or special meeting of the members,at which time helshe may be reinstated by a majority vote of the Board. 3 Page 26 of 216 ARTICLE III—DIRECTORS Section 1. The affairs of the CVB shall be under the management of a Board of Directors and such officers, agents, employees or committees as the Board may elect, employ or appoint. r Section 2. Directors:shall bz a rzpresentative of_an zxistin and qualified Tatsrism BrFsinzsses in Stillwater and Onk Park Heights.Composition of the Hoard should include a Nvell- rounded eroup of business representatives. D's os T +s-I;vne.,,.•.� e �med.-to T�}ng-is-eligible-tv-serve-on-the-Boar�I-af Ar{ etiemboO dta_ 4 feeds - Formatted:Font color:Red�a� The Board of Directors shall consist of the following seats with full voting privileges: ❑ One(1) representative from Oak Park Heights large or small properties,-appointed by the-representalive ctroUo. V --� y},N W ert r��p AIG PrC �6l to t tTS ❑ Two-Three(23)representatives from 90MI=smell properties—appo+rttac�-hy-tf-ie-re;-r eser�tat ia2-€;reg gip. ❑ Five-F94*45)representatives from Stillwater/Oak Park Heights large properties appointed-by-the4-epr-esentative-group- l The Beard-of—D. fa Gensultant roll shall e•- ❑ One(1) representative from IBA(Downtown Mainstreet business Ass ociation);-appointed4)y-the Fepr-e-seNtafive-group. ❑ One(1)representative from Stillwater Chamber of Commerce, f �pp8ieted-by-tk�e-represee�trtiue r�roE�p, 4 Page 27 of 216 One(1) representative from an area Bar!Restaurant/Attraction_____- Formatted;Font:iz pt l Formatted:Font:(Default)Aria[ The Board of Directors shall include two non-voting associates to sit on the board in a consultant roll shall include: ❑ A representative of the City of Oak Park Heights ❑ A representative of the City of Stillwater fAid-tersti-Beard-vasaRGies-will-be-filled-fey-appoints-+eR-fly-tete apprepriate represe;-ativ"reup ApplivAion,Sduction and Seating-,of.New Board or Directors members Exi,tin.t Board shall cause tIIC mcmh;rshio to be..i otitic_cl when theniis_a+'acancy sti a E3oarci of l3irector position that is readyto be filled. t1dembers will be permitters to apply, to any vacancy on the Board by submission of a comoletcd written application. F Nistine Floard Members.or cxistina cnpplicants for the opening A single opening may have tnulliple ap)Phcants. After consicsenition off all pendirng applications.an open position on the;Board of Directors shall be filled Irymajority vote of fhe eislin_g ii�ernbzrs_ofthe Board or Directors at a regular ors ecial Board NjcelinQ.If no applications are received for a particular seat the board may select a nio�itt%_r._fro n iwother group to fill that scat. ]f for any reason the existing Board is unable or untN illin,to till an opposition on the Board of Directors.then the general membership may call a membership meeting, entertain nominations for board members.and undertake a general election for membership to the Board. All newly-elected and appointed Board members shall be_scated is regillar votirt members at the next regular Board of Directors meeting aftci [h -',r,:cIccled(ap oip rated, They shalt be participating members thereafter. Section 3. Powers and Duties of the Board of Directors shall include, but not be limited to ❑ •Election of Officers. ❑ •Set agenda for meetings[regular, special, annual] ❑ • Employ personnel and set salaries. ❑ - Set all dues and fees for associate membership to the CVB. ❑ • Keep the membership informed of the CVB's activities. ❑ • Make decisions on expenditures of CVB revenues. ❑ • Formulate marketing plans and advertising campaigns. 5 Page 28 of 216 ❑ •Authorize representatives to attend trade shows, conferences or other tourism related functions ❑ • Enter into agreements or contracts with other firms,businesses or individuals working in furtherance of the CVB's stated goals. Section 4. Officers of the Board of Directors shall be limited to voting members in good standing. Only members of the Board shall be elected as officers. Officers shall be elected for two(2)years at the first regular meeting of the Board of Directors to be held after the annual meeting of the membership. The duties of the officers shall include but not be limited to: President: • Preside at general CVB meetings and at all meetings of the Board of Directors. • Make appointments to fill vacancies on the Board of Directors or for Officers for the remainder of the term, subject to the approval of the Board. • Supervise the duties of all employees,contracted service providers or agents of the CVB, as directed by the Board of Directors, • Represent the CVB at any meeting, convention,or other gathering where the interests of the CVB are at issue, or when so directed by the Board of Directors. Vice President: • Perform all duties of the President in his/her absence. • In the event of death, resignation or retirement of the President, assume the duties of the president as President Pro Temp for the remainder of the current term and supervise the appointment of a new Vice President. • Represent the Board at the request of the President. Secretary: 6 Page 29 of 216 • Oversee the record keeping of the CVB's meetings and activities • Gather and distribute approved meeting minutes to CVB membership • Represent the Board at the request of the President Treasurer, • Provide a full and accurate account of receipts and disbursements of the CVB that be kept in books belonging to the CVB. • Sign all checks and drafts that are properly drawn on CVB funds. Any check over$500.00 requires two signatures. • Ensure all monies are deposited in the name of the CVB,in such depositories or safety vaults that may be designated by the Board of Directors. • Represent the Board at the request of the President. • Ensure that an annual audit is performed. Section 5. Oem�tertc�ng�aaErar",-p�,�8�5;-the-beam#-skrall-determlrae�ad-lmpierner�t-a poli�e�tede-dates of-se€vis�a�EaEl�-t�ve-bc�ar�#-posit+ofls-ta-result-ia-a staggering-oMhe-terms-ONhe-boa rd-membe€sN fq--for-elestign-or-reelection p€�rpases:-�aasl�ieve—tf}e--direstN�es of this-pravtsion-ire-rIo-case-shall-a-board seat-be-oee-upied—far-a-period-of n1ore than--3-years-€rorn-Nne-date-of-JanuaFy-0:�, 241.5- CVB officer positions shall serve terms of two years in length and may be elected to consecutive terms, not to exceed 3 consecutive terms per seat. (ARTICLE III-DIRECTORS continued) Section 6. Any Director who misses three consecutive meetings,without a valid reason given to a Board Officer prior to the third missed meeting, may result in his/her membership on the board to be terminated. Upon motion of a sitting board member,termination shall be determined by simple majority of attending board members by ballot vote at a regularly scheduled meeting of the board. 7 Page 30 of 216 Section 7. Directors must submit their resignation to the President. Section a. A Conflict of Interest policy may be included in this organization's policy manual. ARTICLE IV--MEETINGS Section 1. An annual meeting of the membership of the CV8, open to the public,-except where closed pursuant to the Open Meeting Laws of Minnesota[Mn Stat, Ch 13D]-shall be held at such time and place as designated by the Board of Directors. Each member shall be notified by e-mail or postal mail at least three (3)weeks in advance of said meeting. Page 31 of 216 Pf"O:tc sr-at the Fin i faln�eetiijg ea h-re{�rL�onnati�,e cp cola-�� s±tiv�i ire in vrnPi�ct to-the-�oarc of l7;FecI rier a�l�ein�fe�l ,Pms itative fcr @11 Opel,) rI Snit_ Annual meetings shall be open to all members of the CVB in good standing and Associate voting members with all dues and assessments paid in full, Any and all business matters pertaining to the CVB may be considered and acted upon at the annual meeting,provided the same be in writing and presented to the Board of Directors at least fifteen(15) days prior to the meeting,so said business may be placed on the agenda. All regular or special meetings of the CVB shall be similarly open to the public, except where closed pursuant to and in compliance with,the Open Meeting Laws of the State of Minnesota[Mn Stat. Ch. 13D]. Section 2. Meeting reports will be made to participating city councils by CVB board- approved meeting minutes and CVB board-approved marketing reports sent to city councils. Section 3, The Board of Directors will meet at least four(4)times per year,at such time and place as they may determine. Additional meetings by the Board may be held throughout the year as is deemed necessary by the Board or called for by the President or two(2)or more board members. Board meetings are open to the membership and invited guests for observation;however, the President may invite membership comments at a specified time period and duration. Section 4. A quorum shall be required at all meetings, in which at least a simple majority of the Directors with full voting privileges are present. ARTICLE V—AMENDMENTS TO BYLAWS Section 1. 4 Page 32 of 216 These bylaws shall be brought forward for adoption or amendment by a two- thirds(213)vote of the Board of Directors. Section 2. After adoption of amended bylaws,by the Board Directors, the amended bylaws must be submitted to the City Councils of Oak Park Heights and Stillwater for approval. Section 3. Upon approval from the Cities and the Board,the President shall notify the membership of the pending bylaw amendments. ano-the-ri^h{-to call a,�otR--, itnin tell-['I G-]-Mays of-boafd-approval;-try-CJS Mail--Postage-pre-paid' Sert�n-4: �tpoa-netfce-aay-menabe�i!=w-good-standieg�y-off}#or-a-balleteed--etee#ic�a-e€�e bylaw amendmer+t,s:-Pe&+.�ests for--mall-to Vote shall-bled-wit€i-the President aMeR4FIenls- iseea gi�r2��e tk�e pendir+g SeGfion-s: #-RG-Gall to Vete gnafe"eriod-the-pend'"aw amend444ept&z4all-f}e-voted-upon-by4h-e-Boar4-e€-9 -ec srs-a#-their--sexf ssheduled-reguaar-rneatirig; #-a-Call tem to is received-per�ding-bylay. arages shalt be Alae de��a ballet T-he-Pres iden"hall4nail-this-ballot-ta a lI4ull-members-in-good-&ta nd ing e�deast �' lie-Beard-�eetir�gaf'rvka-tela-said--baidat:�s�,�,,,�� -+� �r �l?fitl6R-�: �kae�esident-and�ssretar�;-or-ttaei�-desigflee-sem l!-valtda#e-the�agets-and eleatien- They-slaal4eport-the resuk-,Grthe-vete-to4he--Board-aDireetors: Sestieta 7. 10 Page 33 of 216 I The4E�Gar"f-9igestors sf-ia#t-at its-reg�#ar Beard rneeiir�Q-deslafe-the arF?,e�+dnaeflEs-adopEed of net-adop#ed�c�erdiag-#a-#he-majesty-ef�he-vete�cas� ARTICLE VI-DISSOLUTION In the event of,or at the time of dissolution of the CVB,any funds or assets remaining after paying all costs and expenses of such dissolution shall revert and be distributed as directed by law and the provisions of the Articles of Incorporation attached hereto [Article Vll]. It Page 34 of 216 CERTIFICATE OF INCORPORATION and ARTICLES OF INCORPORATION ARTICLE VII Copies of the Certificate of Incorporation and Articles of incorporation of the Stillwater&Oak Park Heights Convention&Visitor Bureau are attached hereafter and fully incorporated herein and as a part hereof. ARTICLE 1 12 Page 35 of 216 ADOPTION, CERTIEICATM The Bylaws may be altered,amended or repealed and new Bylaws may be purposed by the Board of Directors at any regular or special meeting of the Board of Directors.At which time Article V of these Bylaws will be followed. The above Bylaws are certified to have been adopted by the Board of Directors of the Stillwater&Oak Park Heights Convention&Visitor Bureau on the day of 2014. President of CVB Vice President of CVB Secretary of CVB Treasurer of CV8 13 Page 36 of 216 4 ARTICLE I Attachments Certificate of Incorporation,Articles of Incorporation [pp 10-13] 14 Page 37 of 216 C ✓'l'!�l/1VY,'��J `5��/�/:1� �• 1�1' '�Y�`*/5J'�/ F��! I /',•l:.� i 11 ;t i.1 r u r Ye of Minneso r C ,, CERTIFICATE OF fNCORpORATION l 1, Bark Ritchie, Secretary of State of Minnesota, '�- do certify that: Articles of Incorporation, duly signed and acknowledged under oath, have been filed on thin date ;✓;� in the Office of the secretary of state, :ar Lhe incorporation of the following corporation, under and in ; il -+F accordance with the provisions of the chapter of Minnesota Statutes listed tel 4W is Thia Ocorporation is now legally organized under the a e9 Y 4 lours of Minnesota. � �) 4•�',� a -_fit Corporate Name: Stillwater & Oak Park Heights -.} i' Convention s Visitor Bureau Corporate Charter Number: 7.709337-2 { Chapter Formed llnder: 311A '. This certificate has been issued on 02JOa J200S. S � q� 1S1{IlIDlingp� •hv�• 14.5 pJ(�4 ' �� Secretary orSWe. JT" F i ll t rfit ry�rl4 is v k'1!1 s7 11 ill-`1 tTl 31 f171 1 rU.�r m 7r r1113 �ciiE(,�.�1�' `:��^ 15 Page 38 of 216 NP-C4Z, u 270"123°fs7C2 ARTICLES OF INCORPORATION OF STILLWATER&OAK PARK HEIGHTS CONVENTION&VISITOR BUREAU The undersigned incorporators are Individuals I a years of age or aider and adopt the following 3.1ieles of incorperat ion to form d nonprofit corporation(Chapter 312A), ARTICLE I-NANI F The name or this corporation shall be S:ilhvater&Oak Park Heights Convention k Visitor Bureau. J ARTICLE if-REGISTERED OFFICE ADDRESS The place in Minnesota where the princlpal office of the corporation is to be coca^.cd at 2190 Frontage Raad Wesi, Stillwater,Minnesota 550$2. ARTICLE M-PURPOSE TWScorporation is a business organization as specified in Section 501(0)(6)of the Internal Reverive Code,or the corresponding section of nn,Pst�re fMd,:sl tet code. The purpose of Ibis corporation is to(market end promote the Stiihvater and Oak Park Heights areas as business and leieum travel destinations. ARTICLE IV-EXEMPTION REQUIREM ENTS At all tinsesthe fellmvingshaltoperate asconditimrsrestrictingtF,e4F ref i,ns end activitiesofthecorporation; I. No pan oftbe net earning afthe organiWian shall inure to rhe benefit of,or be distributable to its members,trustees,officers,or other private persons,excepl that organizations shall be autlsorized end entpo%ered to pay reasonable compensation for services rendered and to make payments and disiribotiens in furlhomnec ofthe purpose set forth in the purpose clausehcreof. 2. NosOS:antialpart oFtheaetividmcfiheeorporatiaashall constitute the canyingonorpropaganda or of;-,e,Mse ettempeing to influence legislation,or any initiative or referendum before the public,and the coffnration shalf net parfcfpats in,or intervene in(including by publication or distribution of statcmcnts),any political campaign on behalfof,or in opposition to,any candidate for public office, 7. Noiwi:Wanding any other provisions ofthis document,the organization shall not cant'on any other activ'it N not.panniucd to be carried on by an organization exempt from federal income tax under Sectiun 5DI(cx6)of the Internal Revenue Code 0:corresponding section ofany Farturc tax code,or by Pogo 1 ct3 16 Page 39 of 216 an organization,contributions low h icham deducIi ble under section 170(c)(2)of the hrteraf Revenue Code,or corresponding section of any future tax code. ARTICLIG V—MEMBERSHIP&HOARD OF DIRECTORS This organization shall have members.The eligibility,rights and obligations of the members will be delormired by the organization's bylaws. The management of the affairs of the corporation shall be vested in a board of directors,as defined by the ourperation's bylaws.No director shalt have any right,lick,or interest in or to any property of the corporation. The number ofelirectora constituting the initial board ofdirectors Is eight(a);their names end addresses are as follows; Steve Rol] Jeff Stanton 2190 Frontage Road WcA Stillwater,MN 2200 Frontage Road West,Stillwater.MN Cbuck Dougherty Jerry Helmberger 15330 58"Street North,Oak Park Iteights,MN 303 Fourth Street North,Stillwater,MN Kevin Shields David Beaudet 102 Second Street North,Stillwater,MN 14168 Oak Park Blvd,Oak Park Heights,MN KenHarycki Sheryl EMarshall 216 Fourth Street North,Stillwater,MN 206 Second Slroet South,Hudson,W1 Manbers of the initial board ofdireclors shall serve until the first annual meeting,at which their successors will be duly elected and qualified,or removed as provided in the bylaws. ARTICLE VI-rrRSONAL LIABILITY No member,officer,or director ofthis corporation shall be personally liable for the debts or obligations ofthis corporation of any naturo whalsoever,ner shall any of the property of the members,officer,or directors besubject to the payment of the debts or obligations ofthis corporation. / ARTICLE VII—DURATIONrDISSOLUTION The duration of the corporate existence shall be perpetual until dissolution. upon the dissolution ofthe organization,assets oflho corporation shall be distributed for one or more exempt purposes wilhiu the meaning of Section 50l(e)(6)ofthc Internal Revenue Code,or corresponding section of any Pisa t o!3 17 Page 40 of 216 Gr rurc federal lac code,m slot I he 6i,r6b,,!,d 101110 federal govemmant,or to a slava or logia€governmenI,for a puhlie purpos_, ARTICLE VIII–INCORPORATORS In witness whereof,l-,the undI.!pmd,bare here uuto subscribed our names foe lho purpose of forunin&the corpm6on under the laws of the Stet.of Mi,ir—cta and certify we ezeculed these ArticIneFMrorporalion this 16th day of lanucry of 2008. Sleve RCI I,Presidenl SlilhvalcrSur� r Ser J8,211�1990Fronta9c Rcad Wcst,Stillwater,Minnesota 55092 � Jeri SE.N Vice Presidrnl Ceunlry Inn&Suilcs,2200 Ftiliwater,Minnesota 55082 Chuck ,Tree Cover Pork`M�nor,13770 3 1'SMt7h,Oak Park Hafgtits,Mhmesola S5082 lcrry He fxrgcr -rc[ary f Aarpra Sta a n,303 F nft Slmct „Stil[ry�atnr,Minnesola$5082 Kcvi II-clds Lowe n c n• reef North, w r,Minnesota 55082 6av d cl Mayor,City ofoak Park IEe r City cf Oak Park Hci ht �rgOak �oulcvard,Ont:Park Ffeights,Minncsctx 55062 Ken Hsrycki - hlayW,Cit a S01 aler i .I City of 11raEcr 1G FouHh S cc NoutJro,Stj(water,Minnesota 55082 -pa Viet Prdidc , icalcr Stillwater Chamber of Commerce So,..�t.ltp al Sntl Fr sEnlcrt,2 $wood Simi South.Hudson,Wisconsin 54016 k�aafSS V 18 Page 41 of 216 REVENUE COLLECTIONS AGREEMENT THIS AGREEMENT made this � %�� day of hAQq 2008, between the City of Oak Park Heights, a political subdivision of thLIr, State of Minnesota (the "City"), and THE STILLWATER& OAK PARK HEIGHTS CONVENTION& VISITOR BUREAU, Inc. A Minnesota non-profit corporation, ("SOPHCVB"). TERMS: 1_ The City has established a local lodging tax pursuant to the provisions of Minn. Stat. 469.190, and the SOPHCVB has been established as a Minnesota non-profit corporation solely for the purpose of marketing and promoting the City and adjacent cities as a tourist and convention destination. 2. The Board of Directors of the SOPHCVB is comprised of a broad spectrum of representatives from the lodging community that will bear the burden of this tax and at least one representative from each city contributing funds to the SOPHCVB. 3. The SOPHCVB agrees to comply with Minn. Stat.469.190.with regard to the expenditure of the funds and to expend the funds for no other purpose and to submit an annual audit, in a format directed by the City, to the City that will demonstrate compliance With State Sfatutes, regulations, revenue rulings, and Attorney General's opinions. 4. The City will provide collected lodging tax funds, collected under the City authority pursuant to City Ordinance 1411,to the SOPHCVB in four installments per year with disbursements being made within thirty days of the conclusion of the preceding quarter. 5. That the SOI'I-ICVB will not change, alter or amend its Articles of Incorporation or Bylaws without the written consent of the City; these documents are attached hereto as Exhibit"A". Page 42 of 216 6. Pursuant to City Ordinance 1411.070 the City may retain up to 5 percent of the funds collected under the Local Lodging Tax. The full text of City Ordinance 1411 is attached hereto as Exhibit"B". 7. This Agreement shall automatically terminate upon the City's repealing of City Ordinance 1411. Any amounts collected during such time that the ordinance was in-force shall be conveyed to the SOPHCVB pursuant to the terms of this Agreement. The SOPHVCB and the 0i have set their hands to this Agreement this�V&y of N"_; 2t7t)8. STILLWATER& OAK,PARK HEIGHTS CONVENTION& VISITOR BUREAU,a Minnesota Corporation. � - ITn S: I"fes 4.,L JE6V7731.20 t ROTAR ti ti NOTARY Si ure nesting '. i >t_ CITY R HEI BY: ITS: OIL- zioz e� vim :fir' �1�tldh!!ylOH �l'. N30F11 31'41438 NOTARY_ Signature Attestin {f' Page 43 of 216 LXHIM"A" ST11,1..WATE'R & OAK PARK 1-IFIG1-TS CONVENTION & VISITOR BUREAU Articles of Incorporation—Dated: January 1619`,2008 By-Laws—Adopted by CVB on March 5"', 2008,(per meeting minotes). Page 44 of 216 7'be undersirginC6 il:co:poratots are individuals 18 yellers of age or older and adopt tine following articles of in--otation two foo/zm a nonprofit corpdration(Chapter 317A). �Ytc - rI arc The panne of this corporation shall he Stillwater&Oak park Heights Convention&Visitor)menu, r The place in Mvinesota where the pri:cil;a;of ice cf 11e coapo:at:ol:;s to be located at 2190 Frunlzge(RO'dd West,St il.v,,tr.r,Nli:rne;ota j5082, This corpot-Ation is a business organisation as specified iii Section 501(c)(6)of the Internal Revenue Code, nr file corresporlcli:g section}of any future fe,icml tax code, 'fine purpose of this corporation is to market and promote the Stallwatcr Aitd Oak fork Heights areas as business and leisure travel destinations, r.S�Xrr.�aFn/r•- t'�2r�srr�.r'�ro�r. ��roir�i�xrrrlo At til times the following shall operate as conditions restricting the operations and activities of the corporaaou: No part of the net earningof the organization shall inure to the benefit of,or be disrriburable to its tnennbers, trustees,officers,or other private persons,except that organizations shall be authorized ane€empowered to pay reasonable compensation for services relidered and to italic paynnents and distributions in furtherance of tine purl>ose set forth un the puti>osc clause hetvof. No substantial part of the activities of the corporation shell constitute the carrying on of propAganda or otherwise arremptiug to influence legislation,or Any initiative or rr.�rrcndom be40rc the public,and the corporation shall not participate in,or,intervene in(inchicling by publicadon or dis criboiicrn of stmcinnenis),any political catnigaign oil behalf of or in opposition to,xw candidate for public office, Noswitlnstanding Any outer provisions of this docutneot,rhe ori;auia utiot shall not carry ori any other activities not pe n-Jtted to be carried on by Ars otganizAtiun exempt from fe.;lr ihl inean.e tax 11116cr Section 501(c)(6)of the internal Revenue Code or corresponding section of any finturC tax code,or by Al;organization,contributions to which Are deductible under section 170(c)(2)of the Luemil Revenue Code, or corresponding section of rmy f)mre tax code. t XY�;.I r.:fi J' -c.•!C�"l7J-lX��.J1� (�" ��l L!l�/>J� �,�ti;.ff4CJ This orl;anization shah 1-1"!omiibers.The eligibility,rights anti obligations of the nnoinbers will be deterniirned by the mgmiization's bylaws. 7Te niana(en)Cnt of the A'Mi.s of tate co!'Po..Am sluall be Vested to a boatel of(lirectors,as defined by tho col poi7.t:oq,4. NO('-rImor 5:)811 hAVe ally light,6fle,or lnfeYCSC In 6r to any properly of rhe Corpora boll, 'The number of dileoc-s5 ccnsliiutin the initial board ofdirectois is eight;thcit names and addresses are as folimms: Stcvt Rol) Jeff Stantoil 2190 Frontage 3lead West,S611N w,,MN =0 Prontage Road West,Stillwater,MN Chuck 13ougherty Jerzy 11clnnbcrger 15.330 58th Street North,Oak Park Heights,MN 303 Fourth Street North,Stillwater,MN Kevin Shields )David l3caudet 102 Second Street North,Stillvatet,MN 14168 t.Dak Park Boulmird,Oak Mask ldcrghts,MN Ken I-laryel i Sheryl 17-MAus11a11 216 Pourth Sn'cet North,Stillwater,MN 206 Second Street South,Hudson,Wl Munbcrs of the inidal board of directors shall serve wit?th& Wketors will be duly elected and qualified,or removed is provided ht the bylaws. Page 45 of 216 "ao" -A flii�colp:,"Ijoa shall be personally liable for the debts or obligations ons f ibis No jncmb�:�;,off:ccl'<'j.660.CIOL, g d 0 rc)l-pw,1lioj1 of any llatklrcl wbntsoc:)-(j'_)ot shall fuly of the property of rlle mombers,offices, of ditcctcr' be subject to dic paymcio of ihe dcljts w 611gmliolls of tits Col P=iticm- 411 'ille duration Of flic coq)o;,mc existence sh.A be perperuil kimi:dissolution. Upoli The 6issc11:tioll of the orpnlawion,asses of the corporation$11.111 be for one or inmo exempt purposes Nvitlun the Jllcllling of Scclicrl 531(c)(6)of ale Internal Reverlue,cocie.or corresponding section on of any future federal tax code,or shall be distributed to the Federal P,0VC:LWl)CM' of to A state or local government,for a public purpose. In witness whereof,we,the undersigned,hove hereunto subscribed our names for the purpose of folming the corporation under the laws of the State of Minnesota and certify we executed dicac Articles of I ricotpufation this 16th day of January of 2009, Steve Roll,President Stillwater Super 8 2190 Frolangle Road VIcst,Stillwater',miollescita --- �AAN Vt:if M Country Inn&Suites 2200 F'ronotge Road Wcst, erty,^I rc Curer Covc.r Palk fvjrolor 15330 58th Street North,Oak Park Hciglits,Minnesota ' / - jjrty I- hborges'S�-Or oYVStaples ii ra 3031= X'01 Swcet North,Stii or,Minnesota KtViLl Sidelds ........... Lowell lilin 1 SJkecr-N ch,Stillwater,miLffl)C t avid Be. midet Mayor,City of OAk Patk J-!eights 3,1168 Oak Park Boulcvai:4,Oak P rMbiltsoll eolll ell laryoki Mayor,City of Stillwater 21 ourtli Street North,Stfliwater,Minnesota She -Marshall ly Greater Sitidwatcr Chninber of Commerm 206 Second Street South,Hodson,Wisconsin fn v M r)o '� Page 216 Millutu,1-C/Vy B Meeting March 5, 208 Cad Io ()rder-3:301W Prc�,e;nt: Steve k ,Jeff S., Chuck D.. Jerry l-!., Kevin S.. Sheryl P-M. Approval ofcorrected minutes, Chuck motioned and Kevin second. l'a4,,(cd Approval of CV t3 By-Laws, Jerry motioned, Chuck second. Prised Chuck has received the Articles of Incorporation Prow the State and will get o # etli:r;d l.l). Number. Chuck to work on bank irif iTna#ion. too. The board discussed marketing and decided to focus can ncxi: winter rathci Own dii, Discussion on Stralegic Plan. I. Remove"cold feet warin hears" fico n the plan. 2. Develop web site 3. Printed brochure and Stillwater Visitor Guide d. bind a state,,vide distribution systern for printed materials, 5. Set up mecting w4f) Chamber if) discuss atnornt; STILLWA]"FIR & OAK PARK HEIGHTS CONVENTION & VISITORS BIJRJ.."-.AU BYLAWS ARTICL', I -- GENERAL Sectic�n i. TI-Ic lj'11110 of the corj)orition shall be Stillwa(er&Oak Park Heights Convention & Visitors Bureau, 111c" hereafie'r referred to as CVIS. Section 2. The objective of the CVB shall be to promole LoUrjsjj) t1j)(1 of the Sdll'A'atel- a11d 0a1( Park 1-1 ciglits, arens. The intent of the CA113shrill be to ,,itirzictovernight visitors, groups, mcclings and conventions with the ex1irmcd goal the b115i1l(,SSCS Which collect the lodging tax. Section 3. No assets of the corporation shall inure to the[mlefit of or be piid loal)y porsollwho is 'I Dlembor, director,officer, or other private persoll, except that re&wnable compensation ni,iy be Moveed foi-services rendered in furthermice of the goals of the CV13. ARTICLE 11--Mh"AIMERSI-111' FIII] 1110111bership in the CVB 0mll be limited to lodging properfie"', Within Stillwater and Oak Park Heights which Goticct all(I reillit tl local option lodging (ax as defined in Millnesow Statutes 469.190 and authorized by City Ordiffilllcc, Section 2, S 1:1 a t It is acknowledged that Shall be turd lodging clils i C tiOil j Y)es 1. Properties op�rati jig more than ten rental roo rns shall be known as a 1-1 otel or large property. 2, Any property having tell MOMS or less shall be known as Bcd and Break6st or small Proj)ertY. Section 3, Associate membership nv)y be granted to individuals or busijicsse meeting the associate member requirements as set forth by the CVB Board of Directovs al thoir discretion And I)poll payment of any applicable ducs. Page 48 of 216 Section 4. Any associate membw-amy be suspended or revoked tur cause :15 cleterntined by the Board of Man s provided that such menbunhip may appeal to the board at the next regular or speciM medhg of the me tubers, tit which time he/sloe may be reinstated by a majority vote o;the Board. ARTICLE t 1 l - DIRECTORS Section 1. hc rlfi'rrir:s of the C:'VI3 shrill be under the wrnabentent of a Board ot'Direactors and such oftic rs, a eats, employees or committees as the Board m,,iy elect, cmploy or rtppoint. Section 2. Any full nien-fiber in good stand{ng is eligible to serve on the:Board ot'Dircetors. The:Board of Dirc aors sh:r31 earit& of the following seats, based on a percentagc of revenue: eollectcil, with full voting pdvHc;ge:s: • One (1) rcpresentative.frons Oak Park Heights Howls and Bed and Breakfasts, appointed by the representative group • One (1) represenlove 60M sd lwater Bed and Breakfasts or small properties, appointee] by the representative group • 'Three (3) representatives fietu Stillwater Hotels or ltrrgc properties, appointed by the representative gr:mp Three non-voting seats "11,111 include: • A representative of'the City of Oak Park Heights • A representative of the City of Stillwater • A represenlalive of the Greater Stillwater Chamber of Commerce Mid-terrtl Board vacancies will be<lppoin(ed by the appropriate representative;group. Section 3. Powun and Duties of the Board of Directors shil include, but not be Urnited to • Election of Officers. • Employ personnel and set salaries. • Set all dues and fees for associate mensbership to the CVB. • Keel) the;mcnibership ini:ormed of the CVB's activities. • Make decisions on expericiituros of CVIS revenues. • Formulate marketing plans and advertising campaigns. • Authori:re re;present<10M to attend We shows, conferences or ether tmidsm related functions. • Enter into agreements or contracts yvil other firms,businesses or individuals working in furtherance of the CVB I stated };oafs. Page 49 of 216 Section 4. The Boarc o!'DI rectors sha11 elect officers at the first regular mecting held in even nu17)l urod years. Only nienibers of thQ Board shall be cle:ctud as officers. Officers of the 13(,�)I.d of Directors shall be limited to members ill goad stilticiin�, The duties of the officers shall include but not be limited t4: President • Preside at all general ineelings of the C:V13 and at all meelings of tllc Board of Directors. • Make appointment's to fill any vncancie.� among the Office:;ti of the Board for the remainder of the term, subject to fire Board's approval. • Supervise illi duties of all employees or agents of the( VB, as directed by the Board of'Directors. • Represent the CVB at any mcLting, convention, or offer gathering inhere the interests of the CVB are at issue, or when so directed by the Board of Directors. Vice President • Perforin all duties of the President in bis absence. • In the event of dciidi,resignation or retirement of Clic:President, assume: the ProsidcncY for the remainder of the current term and supervise the appointmcnt ora €iew Vice President. • Represent the Board at the request of the President. S ecretaxy • Oversee the record keeping of the CVB's meetings and <rctivitie s. • Represent the BOMA Ztt the request Of the President. Tr-Casul-er • Provide a fern and accurate account of receipts and disbursements of-'tile CVI3 that be kept in books belouging to the CVB, • Sign all checks and drafts that are laropei-ly drawly ilii CV$ funds, • Supervise annual financial. review. • Ensure that all monies are deposited in the name of the;CVB, in such depositories or safety vaults (hat may be designated by the Board of Dirc;ctors. • Represent the Board at the request of the President. Section 5. Directors all(] dff:rcurs may Seine; ternis of two years and may be elected to consecutive terms. Page 50 of 216 Section G. Any Director who misscs lilt c'e conse;Lulivi;n.,(xG inp, -without a valid reason givell to the Ifesident in Writing price to the: lllird Ussed 3 eaNg,shall cause Ills/her nienibership on the board to be vaca[cd, Section 7. Directors must subn:Jt their i-esignation to the President. Section 8. A Conflict of Interest policy will be Included in this organization's policy manual.fii..sij A WFIt:'LE I V-.-Mh,'E'77NGS Section 1. At least one annual meeting of the membership of the CVIS shall be held at such tinle and Mace as designated by lite 13oarcl oDirectors. Each member shall be notified by e-mail or lwai mail at least three weeks in advance;of said meeting. Annual me rings shall be open to all nmenlbers ofthe CVB in good standing with all dues and as,Ccssrnents paid in full. Any and all business Inamrs penabling to the C;V13 inay be considered and acted upon at the anmtal nieetiiig, provided the sanx be in writing and prese:nal to the Board of Directors at least fifteen days prior to the:nieeting, so Said business may be:placed on the agenda. Section 2., An anmml report Will be made to partictpating city councils. Those ilaectings will be open to the public. Section 3. The Board of Directors will meet at least four Wes per year,at such tune and place os they may determine. Additional nieviings by Me Board ntay be held flirt ughout tile;year as is deonied necessary by the Boea& Board nicet]ngs ille open to the general nienlbe;rship and invited guests for observation; howeval the President may invite; mernbmship conlmcnt:5 at a specified time period and tic;fres ident roily e.<tll for a closed meeting at her or his disue[ion or the Board upon a ntajclrRy vote, Section 4. Due: to tlic nnWry cif this 01-ganization, it is recognized that occasions ;may We reguiQ8 ninety action by Mac 130a1-d of"Directors which matte impractical a niccting in pci'ti<m. fn such instance, the PmAdeilt nmy Wee a mcoNg by email (prcf a-rcd) or telephone. '1'hc President shall niake full record of such n cetin4 nnd, provided th,"It a quorcilit is reached, any action taken shall then be in effect. Page 51 of 216 Section 5. A quorum shall 150 rcrlclled at meetings, in which at least a simple majority of the. Directors with full voting privileges arc present. ARTIC"I..1 V -- AMENDMENTS Section 1.. 'I'hcso bylaws shrill be brought fiorwird for adoption or rullc:ndnleril by a two-thirds vote of.'the Board of-Directors. Section 2, Upon Approval of the Board, the President shall notify the memborship of Clio ponding bylaw amendment—and the right to call a vote. Section 3. Upon notice, a ly member in good standing may call f'or a.balloted election of the: bylaw amendments. Requests for a Call to Vote shall be filed with the President within ten (10) Days after notice has been given of the pending amendments. Section 4, If no Gall to Vote is filed withiil the designated period, Che pending bylaw anlerldiue:nt:s shall be voted upon by the Bmrd oif i)ireCMI's at then-rebulat-meeting. If') ('.all to Voto is received, pending bylaw changes shall be placed on (1 ballot, The President shall snail this ballot to all full mciliki-s in good Standing at least fifteen ()5) days before the next regular Board mewing. Section 5. The president and Secretary,or their designee,shall validate the ballots and election. They shall report ilio results Ofthe vote to the Board of Directors. Scotion 6. The Board of-Directors shall, art its regular Board meeting, declare the anlcndments adopted or not adopted according to the majority of the voters cast. ARTICLE VI - DISSOLUTION Ill the ovent of', or at the time of dissolution of the C V13, any funds Or assets 1-e111a1ning Oftel'paying all costs and eXpenses of such dissolution shalt revert to one or morc qualified charitable organizations as selected by the Board of DirectoN a,, defined under IRS Section 50I(c)(3). Page 52 of 216 EXIBBIT"B" City of Oak € ark Heights Ordinance 1411,(adopted Der,2007) Page 53 of 216 1411 AN ORDINANCE OFTHE CITY OF OAK PARK I1MGHTS ENACT D TO I.STABLISH A I..00AL LODGING TAX THE CITY C01I CIL FOR THE CITY C:)1' OAK PARK HEIGHTS, WASHINGI.ON COUNT',MINN 1�SOTA DOES ORDAIN: 1.411.010 purr'ose. In order to increase commerce and to provide for a vibrant City atmosphere that will attract tourism and convention business to the City, it is essential that the City be nxarketed and promoted by a local convention and tourist bureau. 1411.020 LociginLTax Lstablislnnent. In furtherance of that purpose, and pursuant to Minnesota Statutes §469.190, a tax of 3% is hereby imposul on the gross receipts generated within the City from the furnishing for consideration of lodging at hotels, motels, rooming houses, tourist courts or resorts, other than the renting or leasing of lodging for a continual period of 30 days or more. (1) Collection. Any person, business entity, corporation, partnership or association (Operator) that provides lodging to others tnttist collect the tax at the time lodging; charges a3c paid, The amount of tax must be separately stated from (lie; ledg;itiL, charges and held in trust for the City until remitted to the City. (2) Pa nionts and returns. The taxes unposed by this Ordinance must be paid by the Operator to tl7e City quarterly not later than thirty (30) clays after the end of the calendar quarter in which the taxes were collected, At the time of payment, the Operator trust: submit a return upon forms provided by the City. The return must contain the following minimum information: a. The total amount of rent collected for lodging during the period covered by the return. b. The amount of tax requited to be collected and clue for the period. c. 'File signature of the person filing the return or that of his agent duly authorized in writing. d. `1'he period covered by the return, Page 54 of 216 C. The arnount, if any, of uncollectible rental charges subject to the lodging tax, The Operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Ordinalrce previously paid as a result of any lodging transaction, the consideration for which became uncollectible, and exclude from charges subject to the tax, any person whose occupancy is beyond the power of the City to tax by reason of the federal law or international treaty. 1411,030 1=,xanlination of Return,AdiustmLnts,.Notices aa�d l:ac;��i.atads. The City shall, after a return is filed, examine t c: return and make any examination of the records and accounts of the Operator making the iaurn deemed necessary for determining its correctness. The tax computed on the basis of the examination is the tax to be paid. if the tax due is found to be greater• than that paid, the excess must be paid to the City within ten (10) clays after receipt of a notice thereof given either personally or sent by registered mai} to the address shown on the return, if the tax paid is greater than the tax found to be clue, the excess must be refunded by the City to the Operator who paid the tax within ten (10) days after determination of the refund. 1411.040 Failure to l+ile a R.etuen. Subd, 1. If any Operator required by this Ordinance to file a return fails to do so within the time prescribed, or snakes willfully or otherwise alp incorrect, false or fraudulent return, upon written notice and demand, the Operator must rile a return or a corrected return within ten (10) clays of' receipt of written notice and must at tho, same tune pay any tax due together• with any administrative and staff expenses incurred by the City in the processing and collection of the late paymont. if a person fails to file a return or corrected return, the City may make a return or corrected return for th;- person based upon the knowledge and information and assess a tax on the basis thereof, which tax (less any paymonts theretofore made on account of the tax for the taxable period covered by the return) must be paid due together with any administrative and staff expenses incurred by the City within ten (10) days of the receipt of written notice and demand for payment. The amorous due shall become a lien oil the property of the Operator from where the lodging event(s) tools place Any return or assessment made by the City is prix a facie correct and valid, and the burden of proving to the contrary rests with ally person in any action or proceeding in respect thereto. Subd. 2. Upon a showing of good cause, tite City may grant an Operator• one thirty (30) day extension of time, within which to mile a return and make payment of taxes as required by this Ordinance, provided that interest during the period of extension must be added to the taxes due at the rate of eight(8)percent per annum. 1411.040 Penalties. Subd. 1. If any tax imposed by this Ordinance is not paid within the time required for payment, or an extension, there shall be added a penalty equal to ten (10) percent of the 3 Page 55 of 216 amotlilt remaining unpaid flus a(inairtistrative rind City staff tinac in pursuing and obtaining; the collection of the tax. Subd. 2. If any person willfully fails to file any return or make any pa)1nler1t required by this Ordinance, or willfully files a false nr fraudulent return or willfully attenxpts in any nlarinc,r• to evade or defeat the tax or payrlaent thereof, there small also be imposed a penalty an amount equal to fifty (50) percent of any tax (less may amounts Maid on the basis of the false or fraudi0ent return due together wiih any admirais rativc and staff expenses incurred by the City) fOUDd clue for the period to which the return related. The penalty imposed by this section shall be collected as part of the tax and are in addition to any other penalties provided by this Ordinance. All such; amounts shall be liens ugalnst the property of the operator and may be collected by the city in,'rlte manner prescribed by Minnesota Statute 514.67, Subd. 3, All payments received will be credited first to penalties, next to interest and then to the tax due. Subd. 4. The anZount of tax not timely paid, together with any penalty provided by this Section, will bear interest at the rate of eight (8) percent per annum from the time the tax should have beers paid until payment is made. Any interest and penalty will be added to the tax. Subd. 5. in the event that any tax remains unpaid for 30 days after it is due, in addition to the right to institute legal action to collect the amounts due, the City may certify the tax, together with any penalty, interest and costs, to the Couaaty Auditor for collection with the real estate taxes. 1411.060 Examination of Blasiness Records. Persons acting on behalf of the City and authorized in writing by the City may periodically examine the books, papers and records of any Operator in order to verify the accuracy of any xcturn made or, if no return was made, to ascertain the tax as provided in this Ordinance. Every such Operator shall give to the City the means, facilities and opportunity for examinations and investigations as are hereby authorized. 1411.070 Disposition of Proceeds. 95% of the proceeds must be used to fund a local convention and tourist bureau for the purpose of marketing and promoting. the City as a convention and tourist center and for that purpose, the City is authorized to enter into an agreement with the Greater Stillwater Area Convention and Visitor's Bureau. 1411,080 Violations. Any person who willfully fails to make a return by this Ordinance or who fails to pay the tax after written demand for payment, or who fails to remit the taxes collected or any penalty or interest imposed by this Ordinance after written demand for payment, or who refuses to permit the City's authorized agents to examine the books, records and papers under their - 3 - Page 56 of 216 control, or who willfully makes any incomplete, false or fraudulent return is guilty of a misdemeanor. 1411.090 Ae€-1.. Subd. 1. Any Operator aggrieved by any noticc, order or determination made by Ilio City under this Ordim jwe, except for the Criminal pewilties, mast file a petition for re°;,iew of sL�eh notice, order o� d� cr3r?ii,�ition with the City. The petition shall contain the nanne of etitionor, petitionci-'s address and the location of the lodging subject to the notice, ojder or determination. The appeal wili be first beard by the City Administrator. Review of the decision of the City Administrator may be. requested of the City Council by the aggrieved party filing a written notice of review with the City Clerk within ten (10) days after the Administrator's determinadmi is made to the appellant. 4 Page 57 of 216 THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 216 ry Oak Park Heights Request for Council Action Meeting Date _August 28th 2018 _ Time Required: 5 minutes Agenda Item Title: DARTS Loop Bus Route—Greater Stillwater Area Agenda Placement OLD BUSINESS Originating Department/Requestor Council Member Mike Runk.. 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): At the July 241, 2018 Council Meeting, the City Council did discuss the possibility of funding the DARTS LOOP Proposal for 2019 and desired it to be considered as part of that budget process.I recall the concept itself was received favorably. Notwithstanding the dialogue about some possible funding timeline confusion, I would like the Council to again consider the allocation of$3,000 from the 2018 budget for any 2019 commitment for this DARTS LOOP proposal. These funds could be allocated from 2418 Council Contingency which is not anticipated to be meaningfully expensed between now and the end of the year and could reduce the City's 2019 levy amount. FUND 2018 Budget 6/30 Balance Council Contingency: $15,000 $14,750 STAFF MEMOow background ina orfnation -.&om July 12, 2018 is enclosed. Page 59 of 216 r City of Oak Dark Heights 14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082 @ Phone(651)439-4439•Fax(651)439-0574 July 12"x,2018 MEMO TO: Mayor and City Council Members FROM: Eric Johnson,City Administrator RE: LOOP Connector Proposal—Community Thread, BACKGROUND: Community Thread has approached the City of Oak Park Heights to consider the initial support of a one-day per week local bus route- known as a LOOP - that would benefit senior and other riders in need of additional community transportation. Further, the City of Stillwater and Bayport have also been contacted for their support as well as the Chamber of Commerce. This LOOP would be operated by the DARTS group — a non-profit organization, (Dakota Area Resources & Transportation for Seniors)at a total cast of$25,000 annually and are seeking local commitments of$15,000 for the first year with their investment of$10,000. Thereafter it would be the responsibility of Community Thread to raise $25,000 for additional years of operation. The concept proposed is that SPONSORS would be found to continue such operation and these sponsors would generally be from the private market. Rides on such vehicle are not"free' rather is at a cost of$3 to$5 for a DAY PASS and additionally off-sets the cost of operation for DARTS and ensures there is buy-in by the ridership. Further, the planned stops would need to be managed by a planned Advisory Group.A sample map is enclosed, Please see the attached"OVERVIEW—June 2018"Document that better explains the NEEDS and proposal in their words. CONSIDERATION: We are advised that such a model exists in the City of Hastings and West St.Paul.And responses from them generally outline that it is worthwhile and ridership is sound. South St Paul outlines some concerns about ridership and communications. The enclosed attachments include comments from such cities. One concern to note is that the model relies upon the business community to sponsor major and continued funding elements beyond year ONE and it that amount is not acquired,it is conceivable that the City and other public agencies would be sought to provide more funds in the future. Another concern is how might success be measured, presumably ridership will be need to be evaluated, not only for the City's continued support but also for Community Thread's involvement and the DARTS entity as well as they would collect fares.Although in many public transportation systems, direct ridership revenues generally do not cover costs and other public values are needed to be considered. P; 3 Page 60 of 216 In reaching out to VSSA-Boutwells Manager Wendy Kingbay for input,she advised that it is a quality opportunity for the community and they plan to participate in the oversight Advisory Committee with the belief that it will also compliment their internal systems. POSSE ACTION It is valid concern that transportation issues have always been of challenge for seniors in most communities and this Proposal Would appear to offer a viable, affordable risk for the City to foster further opportunities without long-term commitments and if it follows suit with other communities, it may generate ridership and sponsorship with limited to no further direct public investment. Considering that the City has a substantial senior population that could benefit from such a proposal and could benefit from some seed funding: Provide$3,000 in 2018 for year one operations(Sept 20f8 to Sept 2019)and that further funding is contingent upon the City being provided documentation not later than July 315; 2019 on ridership, local proportionality, effectiveness and that the "private sector"has demonstrated continued financial commitments to the LOOP proposal. The City will evaluate such supplied data and make a determination at such time as to further funding. Possible Funding Sources: Counclf Contingency—2018. (Fund balance as of this date: $14,775) Attachments: 1. Greater Stillwater Transportation Service Loop—Overview—June 2018 2. Concept Map of Potential Stops—this would be subject to the goals of the Advisory Committee. 3. General Information on the LOOP bus in Hastings, Mit. 4. General Information about DARTS. 5. Email responses from Cities: West St. Paul on their experience- Generally Positive. South St. Paul—expressing some concerns. Hastings—A positive experience. B. Information on the METRO MOBILITY Bus as operated by the MET COUNCIL—this requires pre-approval and generally includes assisting people with disabilities Page 61 of 216 Greater Stillwater Transportation Service loop - Overview-June 2018 SEE ATTACHED Page 62 of 216 community thread July 11, 2018 Eric Johnson, City Administrator City of Oak Park Heights Dear Mr.Johnson, We appreciate the past support that we have received from the City of Oak Park Heights to support our work. The purpose of this letter is to request funding for 2019. Since 1967, Community Thread has harnessed the passion of volunteers to help others by providing services aimed at older adults,particularly those who wish to age in place.At Community Thread,we work every day to strengthen the fabric of our community by creating connections that help people live independently. With a projected doubling of adults aged 65+in Washington County by 2030,we are developing long-term strategies to support our aging community in the decades to come. Today, we offer an Older Adult Program at two senior center locations,one in Stillwater and one in Bayport.These Senior Centers are friendly places where adults age 50+ receive support to remain active, connected and independent. We host a range of activities from aerobics and cooking classes to card games and kayaking trips.These programs are well attended,with 15,019 visits in 2017. Community Thread is also a leader in promoting volunteerism. Our Volunteer Center provides direct service to older adults, serves low-income families and assists other local nonprofits.Our Chore Services and Transportation Program engages volunteers who assist with home maintenance tasks and provide transportation to medical appointments. Last year,989 families, individuals,employees and students donated 10,327 volunteer hours to strengthen our community. Community Thread is a free standing nonprofit. We are not an agency of the city, county,state or federal government. We were founded by members of the community and we rely on the community to help us continue to provide programs and opportunities that keep people engaged, enriched and connected. Support from the City of Stillwater and other municipalities helped support 4%of our general operating budget in 2017 and we rely on this support to continue the programs and services that benefit our greater community. We are respectfully requesting$3,000 from the City of Oak Park Heights for 2019. Thank you for your consideration. Sincerely, Saity A ndey),vv Executive Director,Community Thread Page 63 of 216 Greater Stillwater transportation service loop—Overview June,2018 Transportation is a critical link in helping people maintain their mobility and access services that provide for their overall health and self-sufficiency. It also has a significant economic impact in a community. Community Thread has been on the forefront of trying to address the transportation gap since 1967.We connect volunteers to people who need transport to medical appointments but we are not able to meet the needs of those who request rides to go shopping, to visit a loved one in the hospital,or to get to the county courthouse as some examples of unmet transportation needs. CT hosted a Transportation Summit in lune 2016 to gather community leaders around the topic of transportation gaps and barriers in Washington County.The summit was attended by 20 people, representing the nonprofit,school system,city and county government sectors as well as foundations. The overarching observations from the summit were:. Transportation gaps affect everyone-we are all impacted on some level ➢ People should be able to remain in their community near friends and family and not be forced to move due to transportation barriers > The lack of options may result in public safety issues with people who should not be driving but have no other choice(AAA reports that seniors are outliving their ability to drive safely by an average of 7 to 10 years) According to the Washington County Transit Needs Study (April 2017),an average, 3.5%of county residents do not have access to a vehicle. Community meetings revealed that residents want to travel to shopping,jobs,schools,community centers, libraries and courts. DARTS,a nonprofit organization serving seniors and their families in Dakota County, is currently providing circulator bus routes in 4 communities(South St. Paul; West St. Paul; Lakeville; Hastings). DARTS approached Community Thread about partnering to bring a circulator"loop"to the greater Stillwater community(to be defined as municipalities that choose to support the project). Loop routes are designed around survey results and provide an affordable option for senior and disabled citizens from their residences to a variety of community amenities, Fares range from $2-$5 for an all-day pass. DARTS received funding from the Department of Human Services to expand into Washington County as a pilot project.This loop, if funded,would be a one year pilot project, being directed by Community Thread in partnership with DARTS.A loop route costs$25,000 per year to operate and DARTS will direct $10,000 in funding the first year. Community Thread is approaching potential funders to raise$15,000 for ear of service starting Se t. 2018.0ur community would need to secure$25,000 in funding for year two for the loop to be continued.Sponsors will be displayed on the outside of the bus and in promotional materials. DARTS provides the service(the bus and driver).The bus seats 16 people and is handicapped accessible. It makes the loop for 5 hours a day, one day a week.A local community advisory group will recommend changes to the route and the all-day fare that will be charged to the rider.This transportation service offers planned stops on an hourly loop schedule,as well as the flexibility to request a stop nearby. it would be a cost effective way to connect downtown Stillwater to Highway 36 retail options, as well as offer stops at the library,health care facilities,the government center and senior housing complexes. Contact Sally Anderson at Sally@CommunityThreadiVIN.orF: for more information. Page 64 of 216 Concept Map of Potential Stops-this would be subject to the goads of the Advisory Committee. SEE ATTACHED Page 65 of 216 5 s, .am, �Sirit j 'FeE er Ave N +tth Ave S 5th Ave 5 Z 19 OAV 419 o' 5-i5 isT� 7' z OTS, t6Y- t. m e� 1 5JI St a W � a "n V; �+ � a :L ` Lverett est CL 4 S 'ndusBnal Slvt� 5 ec ail .... m ' vl pee�Path LU r f Krueger Ln 'Jew s<a � z Page 66 of 216 0 CL01 1 r t/? C c 0 U Ln c u U N 4c 0 0 L ., w 0 .0 QJ ® U Q ❑ z U U 4-j Cto � E *� ro +J w d as a Q .� mu ca o �CLo cl, -J ':� - c CL C (A in 0 � N "c E to cn c m 0 E ca E w ' t7Om° u ¢ u ::iC? � Q m U ❑ w LL: Xco0 iri Kri cu n z 0 L Z in z cn uo (n m us torn Z cn as ,,,• � L •Q (� N � UT � � � urs ' m Z h CL 4 ar m M w to OD vq nil N N rr f�Y't Page 67 of 216 Advisory Committee Overview From DARTS. The Advisory Committee is a group of people who bring unique knowledge and skills to the formal, smaller board. They make recommendations on projects based on their individual perspectives. The members also act as liaisons between the project and the community,garnering support, providing input and potentially gaining sponsorships. In the case of a LOOP committee,they might have insight into the needs residents have at a particular senior living building, or how traffic patterns might affect the effective movement of the bus. An advisory committee member from say,the YMCA, might offer ideas on scheduling so that participants could use the LOOP to get to exercise classes or events. Initial LOOP meetings with the advisory committee outline the way the project will look, in terms of locations and demonstrated areas of need in the community. In the planning stages, committee members meet every 4-6 weeks,with additional e-mail communication, Once the LOOP is up and running,the advisory committee meets quarterly to review ridership statistics, sponsorships and possible changes to the route. Page 68 of 216 s Stillwater Area Circulator Bus Advisory.Council Charter Purpose f Without duplicating currently available services, the Stillwater Area Circulator Loop is a fixed-route bus service which helps riders visit Stillwater area businesses and destinations without driving and while receiving the caring assistance of a DARTS driver. The services offers an all-you-can-ride fare that allows riders to get on and off at any of the stops along the one-hour loop. Additionally, customized, on-demand stops are available by request. Objectives • Provide reliable and affordable transportation.for residents of the Stillwater area o Primary audience--older adult residents o ' Secondary audience---lower Income, disabled residents • Increase foot traffic in shopping districts • Encourage community interactions • Decrease caregiver burden through enhanced mobility options Roles and Responsibilities DARTS will provide: • DOT certified drivers trained In STS, Aging in Place and Dementia Friends providing door-to-door service with the utmost care and compassion • 15-i 8 passenger vehicles equipped with sift and space for 2-3 wheelchairs or scooters • Route planning and dispatch • Travel training • Marketing content support and production of banners, schedules and other printed material Community Thread will Provide; • Advisory Council assembly • Sponsorship acquisition and fundraising support for circulator operations • Promotion of circulator Deliverables Action Estimated Deadline Responsible Party Time Acquire sponsorships Community Thread i Needs Assessment Survey -- ;DARTS with feedback; design accepted by advisory council from Advisory Council Page 69 of 216 Needs Assessment Survey-- Advisory Council distributed to designated members help with high-density housing and distribution and community locations collection. I Survey returned DARTS compiles .results Report survey results to task DARTS force, Establish specific list of requirements to become a route stop Speak with building Advisory Council operators at proposed stops Create proposed circulator DARTS route Bus driver test drives route, DARTS ensuring safety and feasibility Implement marketing plan DARTS Distribute schedules to Advisory Council housing locations Ribbon cutting Advisory Council Travel training DARTS Meet and revise as needed Advisory Council Members Meeting Times and Locations Agendas and Notes Time Commitment: In the planning stages, committee members meet every 4-6 weeks, with additional e- mall communication, once the LOOP is up and running, the advisory committee meets quarterly to review ridership statistics, sponsorships and possible changes to the route. Page 70 of 216 • General information on the LOOP bus In Hastings, MN SEE ATTACHED Page 71 of 216 . ;. . .ori. Th .. STINGS 1 ATOR BU5 - r & - M el Gr 4 p4 �� % z ;t q. + u Hastings REGINA HOSPITAL Aqg SWu—Park RWge of Hasdnp limkAway Arts&CafE THE SAINT P a U L Frfands of the Pleasant Hill Library F 0 U N d A T 1 O H a. oali Rldge Assisted uvbv of Hastings r�1�M&Diel;GtBhBT Ar rJfefran qi N'.xuo7a Ptsfr+iirrpr Parnrr-, [ BreakAway Arts&Cafk The rinsnr>gsynrrtA (Bne of many nearby business stops. FREQUENTLY ASKED QUESTIONS Q: When does The Hastings LOOP run? Q: Can I use The Hastings LOOP if i use a A: The LOOP Hastings Circulator bus runs every wheelchair,scooter,walker or cane? Tuesday from 9am-2pm. A: Yes.Our bus is wheelchair lift-equipped,q peed. Anyane Q: Will The Hastings LOOP pick me up at the front can request the use of the lift. door? Q: Are pets allowed? A: Yes.The bus will pull right up to the front door of A: No, but service animals are welcome. each designated stop. Q: ff I get on the bus toward the end of the day am Q: Will The Hastings LOOP driver assist me In and I guaranteed a ride home? out of the bus? A: The last two scheduled stop times are at housing A: Yes. When the driver pulls up, please wave at the locations for this route. Please plan accordingly. driver so they know to assist you.Please note that our drivers provide light assistance. If you Q: who can ride The Hastings LOOP? A: Anyone can ride. Bring along a neighbor, a friend require heavy lifting in and out of our bus, riders can bring along an assistant for free. or even your family. Q: Do I need to reserve a ride on this service? Q. What If I left something can the bus or I simply A: No.Simply coordinate your trip by reading our need to contact the office? rotate schedule on the inside of this brochure. The A. DARTS operates the bus service. Please feel free arrival time Is listed on each stop.The driver will to contact our DARTS Transportation Office at any wait at each stop for 1 minute, time at 651-234-2290. Q: How much does It cost? f or questions aj)4Jlrt Ir; [-gip,,:,; ; A: $5.00 all you can ride per day.The driver will er schedule or to ingtjaz-v' algin,,, , stamp your hand. Please bring exact change,The of this service, please r_a[; 1.1' F,; : at 6 , driver cannot provide change. You can also visit the D/�M vrww.daftsconnects.org Page 72 of 216 _,. TheeL.0 HASTINGS CIRCULATOR BUS The 4 i LOOP Scheduled • • Operates.Tuesdays 9:OOAM - 2:OOPM $5 All You Can Rlde For The Day This service operates a wheelchair lift-equipped bus. The bus will pull up to the curb of each scheduled stop.. Door-to-door service is available upon request. Scheduled Scheduled scheduled Scheduled Scheduled Scheduled Stop stop stop Stop . Stop Stop Augustana Park Ridge Apartments 9:OOAM 10:00AM 11:00AM 12:OOPM 1:00PM 1:59PM Qak Ridge Assisted Living 9ASAM 1Q.0 M 1104aM 2 04RM` 1-:00011 2: 3PM Dollar Tree [@ Midtown I' Center 9:11AM 10:11AM 11:11AM 12:11PM 1:11PM Hast',irrgs Veteran•'s,F ipti` y 916AM10111Z�15PM . 1:16P 6P - Mississippi Terrace Apartments 9:24AM 10:24AM 11:24AM 12:24PM 1:24PM •Ffa�tings Fa�rifyServire , : _ -. - AM ; . 10t26AM 11,26AM 32,2rsfM 1 >5PN1 . 4 Tilden Community&Senior Center 9 31AM 10:31AM 1131AM 12 31PM 1:31PM It malin[or ivlo /Al ria v Mlet#cal Cent t 9 {3,- AW, 32 34Pil l 3,,34 Hastings YMCA &Courage Kenny 9 37AM 10:37AM 11:37AM 12:37PM 1:37PM tiliFalarx 9:4 AM 10;4AM 11s42bM !42, 142PM' Rivertown Court Apartments 9:46AM 10:46AM 11:46AM 12:46PM 1:46PM 06 Foods 9-4PAIVF 1049AM 1 4hAlVl 12�41}PNi; 9RM Target 9:50AM 10:50AM 11:50AM 12:50PM 1:50PM Pleasant Hill l brary ' 1-0%-52-AM 11, 2SRM '12.. PM Westview Shopping Center 9:53AM 10:53AM I 11:53AM 12:53PM 1:53PM i The bus driver will wait at each stop for 1 minute for boarding and unboarding time. How To Read This Schedule: Plan your route by determining when you want to arrive at your destination. Than determine when the bus picks up at your site betore you need to arrive at your destination. [` e.g. if you have an 11am appointment at the Allina Regina Medical Center and you live at Oak Ridge Assisted Living you could board the bus at your residence at 10:04am and will be dropped off at the Allina Regina Medical Center at is Page 73 of 216 ,s I i p The LOOP is a reliable, continuous Dial-A-Ride transportation service with scheduled stops with the flexibility to request a stop nearby.Riders can call the day before to schedule a deviated stop.*The affordable all-you-can ride fare allows riders to get on and off at any of the stops along the one-hour loop. *Please seepage 3 for more detail on deviated1customized stops. zr, . ref A y-N nyhtCC � • � � r �.- ; 1 HFi T ENRICH AGS r a, P General Information about DARTS. SEE ATTACHED Page 75 of 216 DARTS -About Us - Serving Older Adults in Dakota County Pagel of 2 About UE Services volunteer Events Contact us Resources par About Us 0 TT DARTS s "Creates Connections That Emrich Aging" And that's just the first step, DARTS Is a nonprofit organlzatlon providing personalized and professional services for older adults and their loved ones for over 40 years. Since 1974,DARTS has been a community-based nonprofit serving senlors(ages 55+)and their families in Dakota Countyand the surrounding area,helping them to lead more Independent and fulfilling lives.Through services like light housework,outdoor chores,home repair,caregiving resources,volunteer opportunities and transportation,we have worked to be a community partner across generations,DARTS was originaiiy an acronym(Dakota Area Resources and Transportation for Seniors)but the name was shortened to DARTS in 2008 as Its services expanded to include homemaking,outdoor chores and volunteer opportunities while living out our mission creatingconneaioras that enrich aging, From our beginning,we recognize the transtnion involved in aging and our history reflects our responsiveness to the challenges as we age.DARTS services are designed to foster independent aging in place and supporting caregivers throughout Dakota County.Our services are available to all seniors and caregivers regardless of Income,race and background. Our mission:DARTS creates connections that enrich aging https://dartsconnects.org/about-us/ Pal DARTS - Senior Transportation in Dakota County -LOOP Bus System Page 2 of 2 x ,.. w .. "'z '='�R _„ f �.7_„ A6oeet Us , Semi t:ontact Us Resourca Dar Transportation ..� The LOOP Is a reliable,circulator transportation service offering scheduled stops that are tailored to community preferences. -- Flexibility is available for requested destinations near each assigned stop,called deviated stops.The affordable all-you-can ride fare (ranging from 4243 per city)allows riders to get on and off at any of the stops along the continuous,one-hour LOOP route, Download a copy of the LOOP Schedules here: Hastings LOOP West St,Paul LOOP South St.Paul LOOP Lakeville LOOP Edina Clover Circuit Driver Training WM DARTS provides hands-on certification for drivers for DARTS and TT outside organizations. 20 hours of driver tralning Includes: „ • Passenger Assistance Defensive Driving Maltreatment Awareness First Aid Training,including Red Cross certification on First Aid/CPR/AED Pre-trip Preparation Behind-the-Wheel Driver Education with Clients Investment:3300 per driver A class must have a minimum of five driver participants. Email Melissa Henry to sign you or your team up. FIND A RIDE O2Ui6 DARTS.A9 R�luti Reserved,I)ARTS7645 Agartilmxo lzne..West sr Pau[MH 55118 1 651-455-1Sbf, �h Q https://dartsc,onn".org/tramportation/ PIM 02bW DARTS - Senior Transportation in Dakota County- LOOP Bus System Page 1 of 2 About Us -, Servicers - Volunteer v Events w Contact Us Resources Dor Transportation "I need to take the car keys away from Mom.►r Since our beginning,we have been working with communities to build transportation for all neighbors.To this day,our top-notch service remains the same. DANS select Tib DARTS Select Is a personalized ride for individuals.we can 0 transportyou to any local destination from medical appointments n to hair appointments.This one-on-one service has wheelchair TI „ 1 Vit,�f accessibility and customized pick-up times. DARTS can transport you anywhere,Including: Doctor Visits Hair Appointments Sporting Events Church Restaurants And more! A variety of vehicle sizes are availabie with wheelchair accessibility. Check on pricing DARTS Direct T1,1i�� DARTS Direct is designed to accommodate any group outing.A variety of buses can carry as many as 16 riders with additional space for two wheelchair passengers. F DARTS can transportyou anywhere,including: Restaurants Groceries Casino Senior Community Center and more! Check on pricing hUps,//dartsconnects.org/transportation/ Pa??1�2V_j f • Email response from Other Cities on their experience. SEE ATTACHED Page 79 of 216 Eric Johnson From: Sherrie Le <SLec@wspmn.gov> Sent: Thursday, July 12, 2018 12:05 PMT To: Eric Johnson Subject: WSP LOOP HI Eric, Jim Hartshorn asked me to respond to your inquiry on the DARTS LOOP proposal.The WSP LOOP was the first LOOP.We named it and ran it for 2 years with DARTS as the contractor to provide the service, The City paid$10,000 toward the cost for each year as Robert Street was under construction. After that, DARTS took it over. The remainder of the operational cost each year was sponsorshlps, which typically were businesses that the LOOP went to as they got advertising along the side of the bus. We also,when we were running it,advertised once per year for each business in our City newsletter(larger ads for bigger sponsors). Those who use the service love it! There really isn't anyone who doesn't like it. It was difficult for me to ask sponsors to give money,as I don't like to ask anyone for money. Now that DARTS is running it directly, they ask for the money from Sponsors. Looking for and applying for grants and contacting sponsors took a lot of time during the first two years.So now, for us, we just meet as an oversight Committee to get updates and suggest where they might ask for money.The City no longer contributes. Sherrie Le Assistant City Manager 1 Page 80 of 216 Eric Johnson From: Deb Griffith <dgriffith@southstpaul.org> Sent: Thursday,July 19, 2018 1:05 PM To: Eric Johnson Cc Steve King;Joel Hanson SOv Subject: Darts - The Loop Goad Afternoon Eric, pp�uju . Deb Griffith with the City of South St. Paul, Steve King forwarded your email to me as I was the point person at the City with regards to the South St, Paul LOOP Bus facilitated by DARTS here in South S#. Paul. Background. South St. Paul has had the LOOP Bus for 1.25 years. It was kicked off on May 24th, 2017. The SSP Loop bus runs Wednesdays from 10 am to 3:00 pm. The route is one hour long. There are 12 stops including 5 stops at senior living facilities and one at the SSP Senior Center. The other 6 spots are a strip mall with a grocery store, nail place and a couple diners, the SSP Public Library, Neighbors, Inc. (Social Service and Food Shelf), local restaurant, pharmacy, and a Walmart (outside of South St. Paul and into'West St. Paul). South St Paul and West Saint Paul's LOOPS have a transfer location where they can transfer from the SSP Loop bus to the WSP Loop bus and vita: versa to go to each other's City and businesses. The bus is primarily for senior citizens, but answers will vary depending on whom you ask at DARTS if only seniors or can families and or youth hop on board. The riders pay $2,00 a day. (cost per year for the LOOP Bus = $20,000)_ Grants an some sponsorships by local businesses or organizations covered the cost of the SSP COOP bus for year one. We do not know who is covering the cost during the 2nd year. Results: Our results have been less than favorable. The most recent numbers that the City received showed that during the months of Jan-March (13 weeks), there were 147 riders or an average of 1111 rjd�e weeek. The majority of the riders were from the,John Carroll and the Nan McKay buildings which are subsidized buildings (HUD regulated) owned by the City of South St. Paul. The other senior living buildings (CDA owned) have low or no ridership. There were places on the route that no one was dropped off or were picked up. The#1 spot to go was Walmart in WSP. In July of this year, the SSP LOOP went from once a week to the 15r and 3rd Wednesdays of the month due to lack of sponsorships from the community. To date, the City of South St. Paul has NOT contributed dollars to the SSP LOOP. The City has offered in-kind staff time to help with surveys, market the program and sit on their SSP LOOP BUS Task Force. Members of the City staff, including the City Administrator, City Planner, Economic Development Director, Community Affairs Liaison, SSP Public Library Director(the Library was a drop off and pick-up location), Senior Housing Manager, along with representatives of each stop including the Pharmacy, Neighbors, Inc. and the other Senior Housing Complexes (CDA owned) were part of a Task Force to give feedback to DARTS on how they felt the LOOP was running. Members gave suggestions as to ways they felt the SSP LOOP could improve service, what they were hearing from riders and non-riders and ways to connect with some of the activities/services along the route. This meeting took place earlier this year. Some of the suggestions/comments were: • The route takes too long • The route should be going the north to south instead of south to north • There are too many stops • The stops are too close together. • The route should consider services/activities along the route and ways to connect_ Page 81 of 216 One example: The South St. Paul Farmers' Market is on Wednesday afternoons (which is why Wednesday was selected for the route). The Farmers Market is along the route. However, if a resident of the senior living complex were to take the LOOP bus to the Farmers' Market, they would need to get on the bus at 12:27 to arrive at the market at 1:11 pm. Unfortunately, the market does not open until 2:00 for the residents to make a purchase. The bus departs at 2:11 from the market, giving the residents only 11 minutes to purchase their items and to get back on the bus. They would arrive back at their building at 2:27. This is the final bus for the day so taking a later bus (1:27 bus ) after the market is open, arriving at 2:17 would not offer a ride home since service ends at 3:00. Our suggestion: Could this time be adjusted to give the residents time to shop and get back on the bus. Could the bus arrive at the market at 2:00 and not leave for 15 minutes or if the LOOP was 30 minutes, they could arrive at 2:00 and be back on the next bus at 230 giving them time to shop. 2"d Example: if a resident of the Senior Living facility wanted to get a prescription filled at the local pharmacy, they would leave their home at 12:37, arrive at the pharmacy at 1:17, go in get the prescription filled and wait for the next bus to arrive back at 2:17 to get home at 2:27. Suggestion: Could the bus wait for the prescription to be filled and get right back on the bus. Or again a 30 route could give the pharmacist time to fill with little or no wait for the LOOP bus. We offered up these suggestions as to ways to make the SSP LOOP bus more appealing to the riders. When we received an email back from DARTS, we were disappointed to see none of our suggestions were included into the new LOOP plan for South St. Paul. Instead they took a plan thVITs'not working and cut it in hanhey are offering the same rides at the same time, but only offerin on the 18t and 3'd Wednesdays of the month. It was explained that this was due to lack of nsorshi nd no ,ership, When asked if there would be any alterations to get the residents to the SSP Farmers' are , we were told that they are working on a plan or to that we should rent a private bus from DARTS to take the residents. Why should we do this if a bus is already running from where the residents live to the market and back? As the City staff liaison to the SSP Farmers Market, it was disappointed to hear this since there are many residents from the High-rises that were looking to use the LOOP bus to go to the market. If DARTS would just adjust the timing a bit, the residents could attend the market. To date, there is no response from DARTS to a new plan for the market. So, while we believe the LOOP bus can be a positive experience for the senior residents of South St. Paul, we feel that DARTS has not really worked with or listened to the suggestions of the residents, the Task Force and/or City Staff. . We have asked to be part of the actual planning process, we are not invited to the table, This is just one example of the City staff wanted to work with and or partner with DARTS to better a program or to develop a fit for South St. Paul residents. We have found that they are not interested in constructive feedback and or making changes based on the feedback. The City staff feels if the program could be tweaked to fit the needs of our community, it will increase ridership, thus increasing sponsorship. DARTS staff feels the solution to low ridership in South St. Paul is to decrease the weeks the LOOP runs, which in turn will increase ridership; we are the City are not convinced of that. I hope this helps. Please feel free to reach out to me with additional questions. Deb ' Deb Griffith fCommunity Affairs liaison z P(651) 55432301 F(651)554-3201 l ea. City of South St. Paul 1125 3�Avenue North I South St. Paul, MN 55075 SSP— A Great Place to Live, Learn, Work and Play Facebook: South St. Paul Events and Activities Website:ww w.southstpaul. 2 Page 82 of 216 Eric Johnson From: Melanie Mesko Lee <MMesko_Lee@hastingsmn.gov> Sent: Friday, July 13, 2018 4:13 PM To: Eric Johnson;jhartshorn@wspmn.gov Subject: RE: DARTS - LOOP proposal Hello: DARTS has been a very good partner.We've provided$10k annually for the last few years to help support the initiative. We will be evaluating our 2019 involvement as part of the budget process. Please let me know if I can answer any other questions! Melanie Melanie Mesko Lee City Administrator City of Hastings I City Hall 11014th Street East I Hastings, MN 55033 Direct:651-480-2326 1 Mobile: 651-285-2584 1 Fax: 651-437-1654 ommunication ptimal Service espect for Resources -� nthusiasrn From: Eric Johnson [mailto:eajohnson@cityofoakparkheights.com] Sent:Thursday,July 12, 2018 9.36 AM To:jhartshorn@wspmn.gov; Melanie Mesko Lee<MMesko_Lee@hastingsmn.gov> Subject: DARTS- LOOP proposal 7-12-18 Hi Meiaine and Jim: Our city(along with Stillwater) has been approached by DARTS and a local sponsor to set up a local "LOOP" How has that worked for you folks and/or might your City provide funding? Thanks— any input is heinfull Thanks Eric Johnson, City Administrator 651-439-4434 Maio psi.._ ti v.e ;;ts et,a 1 Page 83 of 216 Information on the METRO MOBILITY Bus as operated by the MET COUNCIL—this requires pre-approval and generally includes assisting people with disabilities. SEE ATTACHED Page 84 of 216 Eligibility & Certifications - Metropolitan Council Page 1 of 2 COMMUNITIES PARKS TRANSPORTATION WASTEWATER&WATER HOUSING Pi 7 i Idt>ti Ar? er 6 a r:.. i �hd. ELIGIBILITY / CERTIFICATIONS Metro Mobility eligibility guidelines, certification and re-certification process ELIGIBILITY The federal Americans with Disabilities Act(ADA)guidelines determine aliglbilAy for Metro Mobility services. People are generally eligible if • They are physically unable to get to the regutar fixed-route bus, • They are unable to navigate regular Axed-mute bus systems once they are on board,or • They are unable to board and exit the bus at some locations. Under the federal ADA guidelines,Individuals may be eligVe for Metro Mobility services if any of the following conditions apply: • A person is physically unable to gat to the bus because of their disability or health condition within an area that the fixed-route serves. • A person is unable to navigate the regular fixed-rouie system because of their disability. • A person is unsabke to board or exit the bus at some locations because of their disability. To be eligible for Metro Mobility a person must ba"unable'to use The fixed-route at least some times. If their disability makes it"hard"ar'harder'for them to use the fixed route they would not qualify for Metro Mobility. LENGTH OF ELPGIBILITY Generally people are aliglble for up to four years, Certification dates are set to coincide with the expiration dale on the riders Minnesota State ID card or drivers license when possible. In limited cases where a person Is of advanced age or has a deteriorating health condition Metro Mobil ty may grant'permanent'or life time certlftcatbn. VISITOR ELIBiTILITY People who are visiting from outside the Metro Mobility Service area can ride as temporary visitors for up to 21 days in a yaw. In order to access Metro Mobility, visitors must have disabilities or health conditions that sometimes prevent them from accessing regutar-route buses and trains. Visitors who need more than 21 days of access in a year are required to complete the Metro Mobili certification process. To aoo=Metro Mobility as a visitor,or ask questions about the visitor policy,please contact the Metro Mobility Service Center at 651-602-1111 or metrom of ltttytPtrwtc.siate.m rs.u s T'EMPOHARY ELIGIBILITY Persons who have a temporary condition which prevents them from using the fixed-route may be approved an a temporary basis for up to nlre(9)months. Riders who are temporarily certified do not need a Metm Mobility ID card,but must present a vatid govemment issued photo ID for each trip. PLEASE NOTE: • Lack of fixed-route service does not qualify a person for Metro Mobility. If the person could use the fixed route If it were available in their area they would not be eligible, • Fear of tiding the fixed route city buss does not qualify a person for Metro Mobility. • Social volneralli taken by itself,does not qualify a person for Metro Mobility. QUESTIONS? These are general guidelines. If you have questions about whether you may or may riot quaifiy for Metro Mobility,please contact cur Customer Service staff:phone 651-602-1111', TY 651-221-9886,email:ria tromobll}ty mxtc.ntstr.mn.ua.`DO NOT call these number to schedule rides,To schadulu rides, cortta:,t your trip pravidw. - c a QUESTIONS, FORMS &GUIDES Send guesli or comments to Metro Mobbllty. Wtro lAoWirty Application Farm ti Call Customer Services at 851-602-1111(TTY 051-221-9886) bistro Mabdity Gerdfication Guide(pdf) Plats 0.tnt,lMy GerblAcetiWt Gulde(MS Ward) between 7:30 a.m.and 4 p.m.,Monday through Friday. To request these materials in an ahemadve format,please contact the Service Center at 651-802-1111,651-221-9886 r"or rr overnov 14Vnietc.stato.mn.us https://metrocouncil.org/Transportation/Services/Metro-Mobility-Hoare/Eligibility-Certific,Qag7/�`�A 8 Eligibility& Certifications -Metropolitan Council Page 2 of 2 APPLYING FOR SERVICE To determine eligibility for service,you must submit a completed Miro Mobility Application Form that includes troth the Wrttffcetion pua7hoonal e b P wililonal Verification Form. Stc p 1:Complete the Certification Questionnaire(pdt A Certification Questionnaire should be filled out by itis person applying for Metro Mobility or an advocate who Is familiar with the person's condition.It is important that both the person applying for Metro Mobility AND the perem who assisted In filling out the application sign the form. Step 2:Comptete the Professional Verification Form ocif). Have the professional Vefieallon Form completed by a licensed professionai health care wider who is familiar with the person's condltlon. Step 3:Submit both completed forms together to process the application. Step 4:Metro Mobility professionals review the application. Metro Mobility staff will review your application forms and contact you within 21 days with an eligibility determination. Step 5: In-Person assessment. If the applicattion packet does riot contain all of the information that we need to determine eligibility,we will ask you to coma In for an In-person assessment. R M µ SCHEDULE A COMPLAINT AND CONTACT ONLINE BOOKING TRIP WITH CUSTOMER FEEDBACK METRO MOBILITY COMING IN 2418 YOUR PROVIDER FORM SERVICE CENTER Monday-ftWity,IM AM to a PM Phony 651602-1111 TTY:651-22Y-ww Frmill::nretmrna rliityQrnetcAatn.rnn.es Select Language v Powered by Tranoleta Disclalmen Lus Hmoob,At Soomaafi.Espahot https://metrocouncil.org/Tran,,sportation/Services/Metm-Mobi 1 ity-Home/Eligibility-Certific..Pagdb2/201 g P". - Oak Park Heights Request for Council Action Meeting Date August 28t" 2018 Time Required: 5 Minutes Agenda Item Title:_ NO WAKE Zone Agenda Placement New Business <A Originating Department/Requestor Eric Jo s i A istrator Requester's Signature Action Requested Discussion Possibl Action Background/Justification(Please indicatf any previous action has been taken or if other public bodies have advised): The City has received the enclosed request from Sunnyside Marina—dated 8/8/18—seeking the City support for the establishment of a NO WAKE ZONE;they cite issues of people being"tossed around"inside their boats and concerns about fueling.If the City would like to consider this concept please note the following; • Procedurally,the City may only request that the DNR establish such NO WAKE ZONE as outlined in MN STAT 868.205 - enclosed. Thereafter the DNR trust follow such protocols including securing approval of the majority of any counties that fall within such area.Such statute is enclosed.DNR Staff has also indicated that it may require action on the part of Wisconsin DNR and/or St.Croix County. • Recently, the City of Stillwater did adopt a resolution to support the establishment of a NO WAKE ZONE directly adjacent to the downtown area. The City of Stillwater did also hold public hearings prior to this action.Both the City of Stillwater Resolution#2018-121 and written comments received are enclosed. • Staff has enclosed a map of the proposed NO WAKE ZONE areas-both in Oak Park Heights and Stillwater. POTENTIAL.ACTION: The concept of a NO WAKE ZONE likely will have supporters and detractors with the DNR being the agency with the fundamental ability to establish such zone. Like the DNR that solicits buy-in from the local communities via resolutions of support, the City has received such communication from one of the largest marinas on the St. Croix River to establish such NO WAKE ZONE_ Accordingly,the City has three clear options at this time: 1. The Council may adopt a resolution of support. 2. Hold a public bearing. 3. Take no action. Page 87 of 216 SUNNI Eric Johnson, City Administrator Oak Park Heights, Minnesota Dear Eric, This letter is being written on behalf of the Port of Sunnyside Club, Inc. dba Sunnyside Marina. The Sunnyside Marina Board of Directors asked me to contact you to request that the Oak Park Heights City Council consider a resolution requesting a "No Wake" zone be established -� extending the full length of Sunnyside Marina. The reason for this request is 100% based on the safety of our boaters, their children and our employees working on our fuel dock. Although all boat operators are responsible for the wake their boat creates and the damage that may result from that wake, large boats running past Sunnyside Marina continue to create the worst possible kind of wake. They do this by running their boats at speeds where the largest wake possible is created. For the most part, these boat operators are simply unaware what their wake is causing. When they are running on the Wisconsin side of the River, they do not believe their wake could possibly effect our marina. Our Board of Directors continues to hear horror stories about people in the marina being tossed around inside their boats when these type of wakes go through the marina. Our Fuel Dock employees have a very difficult time fueling boats when the boat is rocking violently up and down and side to side while they are attempting to add fuel, perform pump outs or ad fresh water to the boats. Your consideration to this matter is greatly appreciated. Sincerely, Rick Chapman, General Manager The Port of Sunnyside Club, Inc. Page 88 of 216 Washington County, MN 14r i sw ry w .re , Stillwater NO WAKE ZONE ��s P As R.eqUBStC�I s, 4 r 95 l C Sim �� r"i tYrtS�� $ '✓�" y�li j Yr � r � �I a�t1Xfl�y ]1�A r"rs a Udlr` ltil� 30r- t8401 o f w M � nnvslde Marna q $ ,Mf d b fi kti„ � 6�5 Y6 i36 a f 4? A' v 1 yC5' k mak' t T. ST 60T HWN 36 26 23 August 13, 2018 1:16,000 o 700 1,400 2,800 ft 0 225 450 900 m Page 89 of 216 )isclaimer.Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This rs not a legal document and should not be substituted for a title search.,appraisal,survey,or for zoning verification, Jenifer Sorensen, PE, PhD—East Metro Area Hydrologist(Ramsey and Washington Counties) MN DNR, Division of Ecological and Water Resources 11200 Warner Rd l St Paul, MN 55106 (651)259-5754 1 jenifer.sorensen(a?state.mn.us c 866.205 WATER SURFACE USE ORDINANCE. Subd, 9.Watercraft use rules for local waters. (a) On request of a county. city. or town, the commissioner may, after determining it to be in the public interest, establish rules eclat ing to the use of watercraft on waters of this state that border upon or are within, in whole or in part, the tcrritorial boundaries of the governmental unit. (b) The rules shall be established in the manner provided by sections 14.02 to 14.62, but may not be submitted to the attorney gencral nor filed with the secrctary of state until first approved by resolutions of the county boards of a majority of the counties affected by the proposed rules. (c) The rules may restrict: (1) the type and size of watercraft and size of motor that may use the waters affected by the rule; (2) the areas of water that may be used by watercraft; X (3) the speed of watercraft; (4) the times permitted for use of watercraft; or (5) the minimum distance between watercraft. (d) When establishing rules, the commissioner shall consider the physical characteristics of the waters affected, their historical uses. shorcland uses and classification, and other features unique to the waters affected by the rules. (e) The commissioner shall inform the users of the waters of the rules affecting them at least two weeks before the effective date of the rules by distributing copies of the rules and by posting of the public accesses of the waters. The failure of the commissioner to comply with this paragraph does not affect the validity of the rules or a conviction for violation of the rules. (f) The cost of publishing rules and of marking and posting waters under this subdivision shall he paid by the counties affected by the rules, as apportioned by the commissioner. (g) Regulations or ordinances relating to the use of waters of this state enacted by a local governIncratai unit before January 1, 1972, shall continue in effect until repealed by the local governmental unit or superseded by a rule of the commissioner adopted under this subdivision. From: Rick Chapman [rnaiftc:rici�.cnapman@sunnysidemarin_ a coml Sent: Friday,July 01, 2016 3.20 PM To: Sorensen,Jenifer(DNR)<iel nifer.soremen@state.mn.us> Subject: No Wake Zone for Sunnyside Marina Hi Jennifer, 2 Page 90 of 216 RESOLUTION 2018-121 RESOLUTION SUPPORTING ESTABLISHMENT OF A SLOW NO WAKE ZONE ON ST. CROIX RIVER IN STILLWATER FROM THE SOUTH LEVEE WALL (DOCK CAFE) TO THE NORTH LEVEE WALL (MULBERRY POINT) EXTENDING FROM THE MINNESOTA SHORELINE TO THE WISCONSIN SHORELINE WHEREAS, the City Council for the City of Stillwater has been approached by concerned citizens to support the establishment of a Slow No Wake zone on the in the downtown area of Stillwater due to concerns for public safety; and WHEREAS, the Stillwater City Council conducted a duly noticed public hearing on April 17,2018 regarding the potential establishment of a Slow No Wake zone on the St. Croix River along Stillwater property from the south levee wall (Dock Cafe) to the north levee wall (Mulberry Point) extending from the Stillwater, Minnesota shoreline to the Town of St. Joseph,Wisconsin shoreline; and WHEREAS,the Stillwater City Council heard testimony from fourteen citizens at the April 17, 2018 public hearing and received 30 written comments from citizens regarding the establishment of a Slow No Wake zone on the St.Croix River in Stillwater,a written summary of all comments received is attached as Exhibit A; and $Cc s�n�nry WHEREAS, the Stillwater City Counci considered all oral and written testimony regarding the establishment of a Slow No Wake zone on the St. Croix River, considered the safety history of recreational boating activities on the St. Croix River in Stillwater and near the historic lift bridge; WHEREAS, based upon all testimony received, concerns for public safety issues for motorized and non-motorized vessels in the Stillwater area of the St. Croix River, the narrowness of the river channel in the Stillwater area particularly during high water events, shoreline protection issues, the City Council believes it is the best interests of the public to promote and protect public safety on the St.Croix River by establishing a Slow No Wake zone on the St. Croix River in Stillwater from the south levee wall (Dock Cafe) to the north levee wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline. NOW THEREFORE, BE IT RESOLVED that based on public safety concerns the Stillwater City Council recommends that the Minnesota Department of Natural Resources establish a Slow No Wake zone on the St.Croix River along Stillwater property from the south levee wall (Dock Cafe)to the north levee wall(Mulberry Point)extending from the Stillwater, Minnesota shoreline to the Town of St.Joseph,Wisconsin shoreline as shown on the attached map. �� s{� rtirhp �3 rl��'HlQflT $ Page 91 of 216 BE IT FURTHER RESOLVED; by the Stillwater City Council, that this Resolution and attached Exhibits and Maps be transmitted to the Commissioner of the Minnesota Department of Natural Resources and all other appropriate entities to formally initiate the Lower St Croix Riverway Administrative Rule amendment process pursuant to Minnesota State Statutes. Adopted by the Stillwater City Council this Sth day of June, 2418. --:Lr I Ted Kozlowski, Mayor ATT ST: Diane F. Ward, City Clerk Page 92 of 216 Ey,kiatT- A . PUBLIC HEARINGS A public hearing to consider the establishment of a Slow No Wake Zone on the St, Croix River from South Levee Wall (Dock Cafe) to the North Levee Wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline City Administrator McCarty provided a map showing the proposed no wake zone area, Holding the public hearing is the first of many steps; testimony will be summarized and submitted to the Department of Natural Resources (DNR). The process could take up to a year and a half after submitting the information to the DNR. Staff will bring back a formal resolution with findings from tonight and a map depicting the area recommended to the DNR for the slow no wake zone. Mayor Kozlowski opened the public hearing. Andy Malon, 13200 St Croix Trail North, spoke in favor of a slow no wake zone. He operates the gas dock at Stillwater Marina. Bill Buth, 129 E Dock, Mulberry Point Yacht Harbor summer resident,stated a no wake zone will provide a safer environment for boaters and visitors. He referenced letters from two other Mulberry Point Yacht Harbor members who also support the no wake zone. Michelle Lee, Dock A summer resident, spoke in favor of a no wake zone extending past Mulberry Point. She related incidents in which she and family members almost fell in the water going to her boat due to a wake. Rob San Cartier, 216 Owens Street South,stated he opposes a no wake zone as it would limit the use of the river for recreation. Emmerson Ward, 2700 Manning Avenue South,Woodbury,spoke in favor of a no wake zone which would provide opportunities for slower craft and additional commerce for the City. Brian Utecht, Croixwood resident,stated he strongly opposes a slow no wake zone because it would hinder the recreational use of the river. He stated marinas have other options to break down waves and calm water, and existing laws address many of the concerns. He voiced concerns about whether alcohol would be allowed in Lowell Park and whether Lowell Park would become a boat parking lot. Wyatt Nelson, 1.2191 87th Street North, suggested establishing certain dates for a no wake zone. Cindy Ross, slip owner and business owner, stated she is in favor of a no wake zone. As a paddle boarder she feels the most treacherous stretch of the river is at Stillwater due to the wakes. People tend to procrastinate and then race to get under the lift bridge when it is raised. Dan Meyer, 311 Northland Avenue,stated he opposes a no wake zone. He believes the other no wake zones along the river exist because of structural objects sticking out. He feels the reason for this no wake zone would be to serve a small group of people. John Kerschbaum, 11251 Arcola Trail North,Gondola Romantica owner,stated he is in favor of a no wake zone. He thanked the boaters who are safety conscious and respect river users Page 93 of 216 around them. He related several instances in which boat wakes caused him to lose control of the gondola. Brian Carter, Wolf Marina summer resident, stated the marina already has a no wake zone, as does Sunnyside. He opposes a no wake zone stretching across the river. Rick Hill, 161.9 Pine Street West, spoke in opposition to a no wake zone, which he stated would benefit only a small group of people. He feels there should be no boat parking along the levee wall. He prefers better enforcement of existing river rules. Jim Chirpich, 1704 Oak Street, spoke in favor of a no wake zone. He referred to a 1991 resolution, adding no wake buoys in front of Stillwater, which was challenged. He believes the no wake zone will draw more people to downtown and make the area safer. Ken Wolf,Wolf Marina, stated 98x/0 of the people are not bad boaters. He opposes a no wake zone and would prefer more enforcement of existing rules. He is happy the City is becoming more boater-friendly and would like to see more City docks. He feels kayakers and paddle boarders should use the north part of the river. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated he understands that public safety is the DNR's only consideration in establishing a no wake zone. He always understood that no wake is to be created within 100 foot from shore structures. He has questions about enforcement relative to current rules. City Administrator McCarty stated in staff discussions with the DNR, they look very closely at the enforcement agencies' input on any proposed slow no wake zone in terms of public safety. The DNR received notice of the public hearing and a copy of the map but has not provided any comment. Councilmember Weidner pointed out that the bridge approaches narrow the navigable part of the river by roughly 40%.He feels the river is for everybody and believes there is a public safety issue for motorized and non-motorized vessels in that area. Mayor Kozlowski remarked that the channel gets very narrow when water is high.The bulk of the incidents he has seen have been right out in front of Stillwater. When accidents happen it gives the community a black eye. His biggest concern is public safety. He believes a no wake zone would take 4-5 minutes at most for boaters to go from end to end. Going slow under the bridge is a small price to pay. However, he feels the City must be careful not to allow too many boats to tie up in. Dowell. Park blocking the view of the river. Councilmember Menikheim noted he was in and out of hundreds of ports over his Naval career and every one of them had regulations regarding speed. Times have changed and there are more non-motorized craft on the water. The City needs to protect its shorelines and a no wake zone is a good start. Councilmember Polehna commented that as an avid fisherman, he has experienced big cruisers almost throwing him into the pillars of the bridge while fishing. He has tied up to the levee wall with no problem. He dislikes no wake zones but recognizes something needs to be done around the bridge to slow the boats. Page 94 of 216 Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to direct staff to draft a resolution recommending that the DNR establish a slow no wake zone on the St. Croix River from South Levee Wall (Dock Cafe) to the North Levee Wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline. Ayes: Councilmembers Menikheim,Weidner, Mayor Kozlowski Nays: Councilmember Polehna Page 95 of 216 ,tom. i 'a Page 96 of 216 Hello. I am glad to see that the city of Stillwater is considering a no wake zone in front of the levee wall.This will increase the usability of the waterfront by allowing boaters to easily and safely tie up along the levee wall without risk of damage due to waves from boat traffic.Currently it is nearly impossible to safely tie up at the levee wall. While in favor of this plan I would like to point out that stopping at Mulberry Point will cause an increase in wake problems for the Mulberry Point Yacht Harbor. Boats decelerating and accelerating from the northern point of the no wake will create large wakes that will move into the marina and gas dock area. I would propose that the start of the No Wake is at the northern end of the marina instead.While this does increase the length of the no wake zone to close to%of a mile,it offers more protection of the levee wall and marina. (see screenshots below) I would also ask that a"no mooring(anchoring)"area be designated in front of the levee.If there is a 500'area in front of the levee it would prevent people anchoring in groups in front of the levee wall blocking the channel to the lift section of the bridge. (see screenshot below)This will help the Stillwater River Boat paddle wheelers and other boats to be able to navigate through the bridge. It will also allow for people to tie up to the levee wall easier and not have to navigate around anchored boats. Please be cognitive of the impact the length of a no wake has.A one mile no wake can take 15 minutes to get through,which doesn't sound like much, but after living with the new bridge no wake the last few years it can become a hassle. I am pleased that Stillwater is starting to look more at the river and becoming more boater friendly.We have spent a lot of time in the Hudson area and they have easy access to docking and wall tie alongs so that we can enjoy the restaurants and amenities.While there are public docks in Stillwater they are often busy and it is difficult to predict if there will be a spot open. Page 97 of 216 No mooring(anchoring)area Allows for open channel to thelift bridge abn with room to manue for levee wall tie up. L G so , \p! Regards, Daren Anderson Page 98 y28 Alternative north starting .. point) Alternatl Q Z7 a4 Proposed Y. .r +Mr. �" � Map'�isfand Brewirt4 - qC o- i/ syC�i it t iv1�•;�i,�P�� -j�� Page ��IYY r,,�}7� 3;�r rr•ight Hr�i,ige � 99 of 216 From: Joe Widmer To: Diane Ward Subject: no-wake zone Date: Wednesday,April 11,2018 10:50:10 AM Hi Diane, Re: the upcoming discussion on implementing a no-wake zone,I am a boater that has a slip at Wolf Marine and would be affected by this no-wake zone. That being said I would like to publicly state that I am FOR a no-wake zone,and at the very least would suggest we try it for a season. Sincerely, Joe Widmer Commercial Real Estate Agent Metro East CRE 651.274.0505--cell ioew e&McU ocactcre.com www.MelroFast Ricorn Page 100 of 216 Diane Ward From: Minniti, Al <Al.Minniti@AMRetailGroup.com> Sent: Wednesday,April 11, 2018 10:39 AM To: Diane Ward Subject: No Wake I Alfred Minniti--a 9 year customer of Wolf Marine would prefer NOT to have the No wake zone added as per the below information. Alfred Minniti 13701 541'r Ave N Plymouth, MN. 55446 612-325-8330 Al Minniti Director Product development 0 (0) 763-391-4154 (M) 612-325-8330 1 (F)763-391-4486 7401 Boone Avenue North, Brooklyn Park, MN 55428 al.minniti(aamretail�up.com Wilsons Leather, GH Bass & Co, DKNY, Calvin Klein . _ , im Performance, Karl Lagerfeld Paris Discl,imer The information contained in this communication from the sender is confidential. it is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd. 1 Page 101 of 216 Diane Ward From: Alex Arnt <arnt.alex@gmail.com> Sent: Monday, April 16, 2018 10:09 AM To: Diane Ward Diane Ward, I am emailing you regarding the proposed no wake zone frorn the south levee wall to the North levee wall spanning from the Minnesota side of the river to the Wisconsin side. I personally do not think this is needed in the area do to the fact the river is wide enough at that point where waves are rough and also with the lift bridge being in place it does force boaters to slow down to go under the bridge for safety reasons. The majority of boaters going North of the south levee wall and north of the lift bridge are boaters that have slips at marinas in that area and for the most part are respectful and not creating unnecessary wakes. I also believe with the new lift schedule of the lift bridge boaters won't be in a hurry to make a lift so that in turn will we will see a lot more controlled speeds with people not trying to make the lift. What I do think needs to be done is public docks in Stillwater like what Hudson,Prescott and other cities along the St.Croix and Mississippi have. I believe public docks would bring more business into town and give boaters from other cities more of a reason to come up for the day or a quick lunch or dinner. Also if the public docks had a restroom and power hook up for the option to stay over night would be a great feature to see happen. Thank you for your time I hope you take everything into consideration and look more into the public docks then a no wake zone. Alex Arnt Cell: 651 238 6398 t Page 102 of 216 Diane Ward From: Brett Belisle <brettbelisle.realtor@gmail.com> Sent: Sunday, April 15, 2018 3:14 PM To: Diane Ward Subject: No wake zone proposal Hello Diane, I have been an avid boater for 25 years out of Mulberry Point and spend countless hours on the river most of the time in the Stillwater area. Having a short no wake zone in my opinion would have positive impacts with really no negatives at all. I won't list all the reason for a wake zone as I trust you know them,however I have seen many times the danger and destruction that is caused by NOT having a no wake zone near the old bridge and our marina. Boats have gotten bigger over the years and can throw huge wakes leaving anchored boats and slipped boats in grave danger. The impact to the city of Stillwater would be very noticeable in a positive way if no wake zone is imposed. Thank you for your attention to this important matter. Respectfully, Brett J Belisle Real. Estate Consultant f<.I ?.%!,X.X RCSUItS Licensed Realtor since 1981 RE/MAX Hail of Fame Member cell: 651-238-9415 email: brettbelsle.realtorgmail.com ersonal website: www.brettbelisle.com J If you know of anyone looking for professional Real Estate services, please give them my name and number as I always appreciate referrals! i Page 103 of 216 Diane Ward From: Burt Bauman <burt@compassrosestudios.com> Sent: Sunday,April 15, 2018 12:59 PM To: Diane Ward Subject: No wake zone in Stillwater Dear City of Stillwater: I am not able to attend the meeting this Tuesday evening,, but would like my voice heard. I have owned two slips at MPYH for over 20 years. Because of this my family has spent thousands and thousands of dollars at Stillwater merchants, that we wouldn't have, had we not had a boat in Stillwater. I am in favor of a no wake zone in Stillwater. I would request, however,that the no wake be extended to include all of MPYH. This would include the gas dock on the South end, which is actually part of Stillwater Marina, all the way north to include F dock. We are exposed to large boat wakes and safety is a legitimate concern, especially for the docks that are closet to the river channel. Thank you in advance for your consideration of this request. Please feel free to contact me if I can provide additional clarification of this request. Burt Bauman Principal 612-540-9133 MAW% 1 Page 104 of 216 From: Cameron Murray To: Diane VJarcJ Subject: No wake zone Date: Friday,April 06,2018 11,39:04 AM I would like to add my comment on this topic. I think it is a wonderful idea.It is very congested in the area in the summer,so a slower boat speed would enhance safety.I also think it would encourage more boaters to tic up to the boardwalk,allowing more visitors into town. "Thanks Cameron Murray 350 Main St.N Stillwater MN Page 105 of 216 From: Chris Siedow To: Pian-Q Wer Cc: Christopher Swanson(ChrisCaCarrtage5ells.com�;"CLta Ment r;Frank Flores Subject: No wake Date: Wednesday,April 11,2018 1:35:16 PM Hi, I feel it's a big safety issue not having a no wake around the area of the bridge and mulberry point. Last year I witnessed two accidents with boats hitting the bridge. You also have people anchored and fishing around this area. 1 also feel the no wake should be extended on the Northside past the gas dock at mulberry, The last thing you want is people putting fuel in their boats and get hit with big waves. Most gas docks along the river are protected by no wakes. Thanks for your support, Chris 5iedow, Vice President - Industrial Division P 952.884.1661f 952.884.0295 C 952.292.4169 Yale Mechanical Yalc nnech.com Making Buildings Work Better Since 1939 Page 106 of 216 April 9, 2018 To: Stillwater City Council Public Nearing - April 17, 2018 RF: Public hearing to consider the establishment of a no-wake zone on the St. Croix River Dear Council Members and Attendees, I am a 4ch generation resident of Stillwater. I grew up on the river and still cross via bridge regularly traveling to and from my cabin in Wisconsin. Up until about 2004, 1 was on the river every week during the summer with my family and friends. I can remember while boating in my 19ft runabout always avoiding the Stillwater downtown area due to boat congestion. Now, crossing the river I see much more traffic especially close to Stillwater. Fast boats, PWC's, and large cruisers all make for high risk of accidents. remember the worse boating experience I ever had during all my times on the river. "1 was traveling south to the bridge area to anchor and wait for the Lumberjack Days Fireworks. At the last minute, a large cruiser traveling at average speed (making the largest wave possible) turned just in front of me heading into the Stillwater Boat Club. I had 8 people in my boat and had no time to respond. The wave came over my bow a couple feet high and washed into my boat just about sinking us. After we bailed water and got back into operation we could not find the boat that did this. We did not get to enjoy the fireworks show that year." Stillwater should not only establish a no wake (ice-out to freezing) but make it from the north end of Stillwater Boat Club to the north end of Sunn side. Why? 1. Reduce waves so people can tie up to the Levee Wall like it was always intended. Making the no wake just from the north end to the south end of the wall will not prevent wave damage to boats. I did not tie up to the wall because of waves. The city needs more access for boaters. 2. Both marinas have very heavy traffic and big boats create big waves. 3. People visiting Stillwater can enjoy he levy and river from Marina to Marina (walking trail). 4. During summer activities in Stillwater (like Lumberjack Days) the river is overcrowded with boats. No wake needs to be expanded further to help reduce boat congestion and improve safety. Respectfully, Dan Michaelis 1341 Dallager Ct. Stillwater MN 55082 email@danmichaelis.com (651) 303-3300 Page 107 of 216 Diane Ward From: Dana Jackson <dana1eej3@9mail.com> Sent: Saturday,April 14, 2018 8:08 PM To: Diane Ward Subject: No wake zone Ms. Ward and the City Council: As I will be unable to attend the public hearing on April 17 regarding the proposed no wake zone on the St. Croix.River by the city of Stillwater, I am writing to express my views. It makes great sense to keep the water quiet so that boaters can dock safely and come ashore to visit businesses in Stillwater. It makes great sense to keep the shore safe for residents and visitors to walk along the edge and enjoy the National Scenic St. Croix River without great waves splashing them. Other cities along the river just south of Stillwater have experienced the benefit of a quiet, friendly waterfront because they have instituted a no-wake zone. Stillwater is rather backward in not having already established such a zone. I urge Stillwater City Council to approve the proposal for a no wake zone in the St. Croix River adjacent to the city. Dana Jackson 814 Everett St. N. Stillwater, MN 55082 651-283-8838 danaleei3&mail.com i Page 108 of 216 Diane Ward From: Daniel Utecht <danielutecht@gmail.com> Sent: Tuesday, April 17, 2018 12.27 PM To: Diane Ward Subject: No Wake Zone Along Downtown Stillwater Shoreline Hello, I am AGAINST adding any no wake zones along the downtown Stillwater shoreline. As an active boater and lifetime Bayport/Stillwater resident, I regularly enjoy the beautiful St Croix river and find it is already filled with many slow zones. While many are important and necessary, I do not believe this proposed no wake zone will be beneficial to the downtown area and will only hinder boaters from enjoying the spacious waters provided by this unique river. I don't see any problenis with the current laws and encourage you to vote against this proposal or any future proposals that will limit the enjoyment of this river to boaters. Thank you, Daniel Utecht 2628 Greenmeadow Ct Stillwater, MN 55082 t Page 109 of 216 Diane Ward From: David Sullivan-nightengale <dsullivannightengale@yahoo.com> Sent: Wednesday, April 18,2018 10:48 PM To: Diane Ward Subject: No Wake Zone at Stillwater Mrs. Ward, I do recreational boating safety vessel exams in Stillwater, Hudson, and at Beanies as well as several marinas on the Mississippi River. As a disabled veteran who is partially paralyzed, I find it difficult getting into and out of vessels tied up when boaters operate without due regard near docks and shorelines. I find it hazardous for myself, and I'm a safety professional. Dave Sullivan-Nightengale Certified Safety Professional Saint Paul, MN 651-247-6410 Sent from Yalloo Mail on Android i Page 110 of 216 From: Erin Clarkowski To: Diane Ward Subject: Slow No Wake Zone on St.Croix comment Date: Thursday,Aprd 05,2018 3:33:05 PM Diane, I would like to comment on the proposed Slow No Wake Zone on the St. Croix that is being discussed on 4/17: 1 would prefer there to be Slow No Wake Zone implemented because of how many other no wake zones there are in the area. Thanks, Erin Erin Clarkowski graduated Civil Engineering student University of Minnesota Duluth clar12629d.urnn.edu 651.468.7758 Page 111 of 216 Diane Ward From: Jim Chirpich <jim@4jpc.com> Sent: Sunday, April 15, 2018 7:57 AM To: Diane Ward Subject: Fwd:In favor of the Proposed no-wake zone In addition I would add that I am a resident and a boater on the river. My address is 1704 Oak St W. Stillwater. Jim Chirpich Cell: 651,491.1386 jim@0jpc.com Begin forwarded message: From: Jim Chirpich<jim(a,)4jpc.com> Date: April 15, 2018 at 7:55:05 AM CDT To: dwardlici.stillwater.mn.us Subject: In favor of the Proposed no-wake zone I am writing to express that I am in favor of the new no-wake zone along the levee wall. This addition will greatly enhance the safety for boaters in the area. Thank you Jim Jim Chirpich Cell: 651.491.1386 'i111A4 c.com i Page 112 of 216 Diane Ward From: Kevin Burns <kburns@sagesw.com> Sent: Saturday,April 14, 2018 3:46 PM To: Diane Ward Subject: St. Croix river No Wake Zone being considered in Stillwater's downtown area. Diane, I want to show my support of the St. Croix river No Wake Zone being considered in Stillwater's downtown area. I want to tie my 42' Carver to the levee and visit the downtown area when I'm visiting from Prescott. I worry about damage to my boat as well as safety on the river without the no wake zone. Put my vote down in support of the No Wake Zone. Thanks, Devin 612-396-7724 > Page 113 of 216 Diane Ward Subject: FW: No Wake Zone on St. Croix River From: Lori Strachota Bell imailto:LoriJeanS hotm_ail.comj Sent:Tuesday,April 10, 2018 5:11 PM To: Diane Ward<dward2ci.stillwater.mn.us> Subject; No Wake Zone on St. Croix River Hi Diane, Thank you for accepting comments via email on the No Wake Zone on the St. Croix River. We are the owners/operator of a cruiser located at Wolf Marine and enjoy the St. Croix River. We have no objection to the proposed No Wake Zone, however, because we are located north of the Stillwater lift bridge, we would have much difficulty timing our ability to make the scheduled lifts. Should you go with the No Wake, could the Stillwater Lift Bridge be 'on demand' or every 15 minutes? We could not support the No Wake Zone if the Lift Bridge was not 'on demand' or every 15 minutes. I would hate for Wolf Marine and Stillwater Marina lose slip rentals because of the No Wake. Also, because these marinas are within walking distance of the shopping/restaurants area, your businesses will be affected as well. Many of us walk into town for meals/shopping. Please consider your local stores as well. Be careful with your decision. We are just one slip rental at Wolf Marine, but if we need to leave due to the No Wake, along with our slip rental would go our many visits to town. Please share with the council that our two concerns are: 1) The lift bridge schedule combined with the No Wake as the reason for us (and probably others)to leave. We can deal with one (current bridge schedule) but not combined with the No Wake. Z) Many of us walk into town for meals/shopping. Local stores will be impacted as boaters change to other marinas or choose to use other public launches (Afton or Hudson) instead of Stillwater. -Lori and Roger Bell- t Page 114 of 216 Frons: Madeline Brandon To: Diane Ward Subject: No Wake Zone Date: Thursday,April 05,2018 3:23:05 PM Hello, I believe there should not be any added no wake zones around the Downtown Stillwater area. I think there are enough no wake zones that slow boats down from downtown Hudson to downtown Stillwater. Let the boaters/jet skis/etc enjoy the beautiful water by allowing them to actually cruise down the river. Thanks Maddie Brandon Page 115 of 216 From: mud4x4racer@yahoo.com [mailto:mud4x4racer@yahoo.com] Sent:Sunday,April 15, 2018 9:21 AM 7o: Diane Ward<dward@ci.stillwater.mn.us> Subject:City No-wake zone My opinion of the no-wake zone? 0 ! i Page 116 of 216 From: Myron Reubendale To: Diane ward Subject: Fw:Fwd: Public Hearing for No Wake Zone Date: Monday,April 09,2018 12:15:23 PM Diane, I believe that a No Wake Zone for Stillwater is a waste oftitne & effort. - The seawall is not impacted & boats are not tied up - I don't see any'safety' issues - In essence, I don't see any purpose for inhibiting boat traffic, except to maybe require boaters to view Stillwater- excessive use of the legal system in my view. Is there a way I can find out'why' this is being considered w/out coming to the meeting? Thank You, Myron Reubendale From: City of Stillwater<nmanosQci.stillwater.mn,us> Date: April 5, 2018 at 2:23:18 PM CDT To: myrenQreubendale.com Subject: Public Hearing for No Wake Zone Reply-To: i,sti1lwater,mn.us Having trouble viewing this email?Click here ®. The Stillwater City Council will be holding a public hearing Tuesday, April 17, 2018 at 7:00 p.m., or as soon as thereafter, in the Council Chambers at 216 North 4th Street to consider the establishment of a Slow No Wake Zone on the St. Croix River from South Levee Wall (Dock Cafe) to the North Levee Wali (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline. The Council will accept comments in person, email or mail. Please email/mail comments to Diane Ward, City Clerk, 216 4th Street N., Stillwater, MN 55082 or dwarr&ci.stillwater.mn.us. Like us on FacF�book at www.facebook.com/stillwaterminnesota CITY OF STILLWATER, 216 4th Street North, Stillwater, MN 55082 Page 117 of 216 SafeUnsubscribe" myron(areubendale.com Forward email dale Profile N about our service provider Sent by nmanos(&ci.still%vater.mn.us in collaboration with Constant Contact Try it free today Page 118 of 216 Diane Ward From: schmitt.nick <schmitt.nick@comcast.net> Sent: Tuesday, April 17, 2018 9:47 AM To: Diane Ward Subject: No wake zone I am sending this email in opposition to the proposed slow no wake zone in stillwater. I feel that the no wake zone in stillwater is not necessary. All other no wake zones in the lower St. Croix valley are there due to obstructions in the river. Bottle necked, sand points, shallow. We do not have that issue in stillwater. It also does not allow for reasonable access to the river south of stillwater from the boomsite launch the only free puclic launch located in minnesota south of the arcola high bridge. I would say it would be reasonable to assume nearly an hour or more to get through the proposed no wake from the boomsite launch taking into consideration the channel runs through the no wake zone parallel to wolf marina. I feel that would make the river south of stillwater less accessible creating a pay to play environment. From my understanding that is a reputation the state is already concerned with. Sent from my Verizon, Samsung Galaxy smartphone 1 Page 119 of 216 Diane Warn From: Peter Van Nest <peter.vannest@gmaiI.com> Sent: Sunday, April 15, 2018 2:35 PM To: Diane Ward Subject: Support for No Wake Zone in Downtown Stillwater To whom it may concern- I am writing in support for the establishment of a no wake zone extending from the Stillwater lift bridge to the North end of Mulberry Marina. As a professional Captain (USCG 100 ton license), I maintain safety as my primary concern for guests and crew. As a pleasure boater, I value the opportunity to tie to a secure dock and support local businesses. The amount of congestion as traffic navigates the Stillwater lift bridge is cause for concern when vessels operate at higher rates of speed. In addition to the added safety margin, the levee could serve as a secure dockage area, in addition to the public metal docks just south of the bridge. It should be noted that this area south of the bridge is not under no wake restrictions. As such,there are large wakes that routinely roll the commercial boats and have caused damaged to smaller pleasure craft. I urge the prevailing authority move to create a no wake zone from the Stillwater lift bridge to the north end of Mulberry Marina. Regards, Peter Van Nest Peter,vannest@gmail.com USCG 232380 1 Page 120 of 216 From: RICHARD JEREMY To: Diane Ward Subject: Proposed no wake Date: Wednesday,April 11,2018 11:30:51 AM I am putting my opinion in. There is no reason to have a no wake in this location and in general a bad idea. There is No public docking issues because there is no public docking like every other city on the river. (If you had public docking I might agree) There is no launch ramp, there is no swimming beach, none of the very large boats throwing big big wakes ever go through that area on plane due to the bridge being to low. No wake zones cause all boats to be coming on and off plane in one location. Causing big problems in a small area. If the river is left open like it is the waves are smaller with boats on plane than boats getting on and off plane and the waves of boats coming on and off plane is spread out into several areas not just 2 locations. Use the North and South side of the Hudson channel no wake for a example.lust to the North and South of that no wake zone it is rougher than the whole rest of the river all day long. Richard Tschida Page 121 of 216 From: ROBERT DOMBROWSKY To: Diane Ward Subject: No Wake Zone Date: Wednesday,April 04,2018 1:58:02 PM As a life long resident, boater and commercial captain with the packett company downtown I am writing to you today in opposition to the proposed NO WAKE zone. The last thing that is needed there is MORE CONGESTION!!! I already have all I can do to deal with the amount of boats trying to get thru the bridge if everyone is forced to no wake it will increase the time it takes by 10 fold and make it much harder to steer the 60 ton vessels that depend on a certain amount of speed to steer and if some one is going slower than than speed you have NO CONTROL[!! the levee wall was not designed or intended for tie up traffic a no wake will only encourage the parking of boats it will hamper the navigation thru the bridge if boats were to stack tie against the wall. The river currently has all the necessary no wakes and to place more only restricts it's enjoyment and every no wake take at least 10 to 20 minutes to get thru again restricting the amount of time that can be enjoyed using the river for it's designed uses... Thanks for listening and I hope you vote NO! Robert Dombrowsky 924 so 7th street stillwater Captain @ St Croix Boat and Packett Page 122 of 216 Diane Ward From: Susan Kirk <skk018@aol.com> Sent: Saturday, April 14, 2018 12:43 PM To: Diane Ward Subject: No wake zone We have had a slip in Stillwater for over 40 years. We have noticed over the last decade, that the wakes are getting significantly worse. Boats coming from the north are late making the bridge, are especially careless in the large wakes they make.There are times we have to hang onto the railings on the boat or quickly sit down so we're not thrown off our feet. We have had objects on the inside of the boat fly onto the floor with these massive wakes. . If we are standing on the dock,when a boat comes by at full throttle, we have to hang on to something so as not to be pitched in to the river. We are very cautious when we have our granddaughters on board. When these 2 to 3 foot wakes come by we have to grab onto them so as they don't harm themselves falling in the boat or on the dock. We are all responsible for our wakes as boaters. It is inconsiderate and irresponsible to throw a 2 to 3 foot wake outside of our marina. We really need the no wake zone in front of Stillwater Marina.Thank you Sent from my Phone 1 Page 123 of 216 From: Terry zoller To: Nancy Manos;DianWard, Subject: Re:Public Hearing for No Wake Zone Date: friday,April 06,2018 9:33:37 AM I am NOT in favor with this proposal as written. I see no safety issues that this proposal would address. The only time that there is a safety concern is on weekends and than only on major weekends when there is a major event. Experienced boaters are aware of the issues at this time and will reduce their speed anyway. The other 90%of time the river in this area is mainly clear of all boat traffic. To reduce boat speed on the St Croix would distract from the joy of using the river and less individuals would use the river or choose to visit the City from river access. If the proposal was to have a no wake zone in this area for 50 feet off the Minnesota shore I could live with that. From: City of Stillwater<nmanos@ci.stillwater.mn.us> Sent:Thursday, April 5, 2018 2:23 PM To:tlz5286@hotmail.com Subject: Public Hearing for No Wake Zone Having trouble viewing this email? Click here ®, The Stillwater City Council will be holding a public hearing Tuesday, April 17, 2018 at 7:00 p.1n., or as soon as thereafter, in the Council Chambers at 216 North 41h Street to consider the establishment of a Slow No Wake Zone on the St. Croix River from South Levee Wall (Dock Cafe) to the North Levee Wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline. The Council will accept comments in person, email or mail. Please email/mail comments to Diane Ward, City Clerk, 216 4th Street N., Stillwater, MN 55082 or dwardcuci.stillwatemmn.us. Like us on Facebook at www.facebook,comistillwaterm innesota CITY OF STILLWATER, 21.6 4th Street North, Stillwater, MN 55082 S fe nsubscribei"` tl 2.8 hotmail.co Forward email I Update Profile I About our service provider Page 124 of 216 Sent by nmanosPci.stillwater.mn,us in collaboration with Constant Contact l� Try it free today Page 125 of 216 Diane Ward From: Grocott, Thomas <thomas.grocott@coIumbiathreadneedle.com> Sent: Tuesday, April 17,2018 12:01 PM To: Diane Ward Cc: kathyagrocott@msn.com Subject: Support No Wake Greetings, we are writing to support the no wake proposal for the Stillwater area, We have boated for many years on the St. Croix and the speeding boat traffic around Stillwater where the river narrows can be a bit dangerous. We hope this proposal includes the are in front of the marina that is next to the gas dock as we drystack our boat their and to be able to tie up to the dock facing the river and not have to worry about large waves crashing our boat in the dock would be extremely nice. Thanks Thomas and Kathy Grocott Thomas E.Grocott,CFA Security and Index Master Data Management Information Management, Reporting and Delivery Columbia Threadneedle Investments 11109 Ameriprise Financial Center I Minneapolis, MN, 55474 1 Routing H11/1109 Office: 612.671.0112 1 Fax: 612.671.1099 1 Advisory services provided by Columbia Management)nveslmenl Advisers. LLC "This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you." i Page 126 of 216 Diane Ward Subject: FW: No wake Zone in Stillwater From: Kendra Tim [mailto:tirnandkendral mail coo] Sent: Wednesday, April 25, 2018 8:44 AM To:Tom McCarty<tmccarty@ci.stillwater.mn.us> Subject: No wake Zone in Stillwater Tom I hope you are well. I wanted to send an email about the no wake zone that is being created in Stillwater. I unfortunately was not able to make it to the city meetings to listen and to discuss the approval that went forward. I am a member of the MPYH marina that sits just north of where the no wake zone will end. I am a owner of a slip here which is not a cheap investment to become a part of iconic Stillwater. That being said, l am very worried of where the no wake zone is stopping. We all know in boating that as soon as you achieve the point where the no wake zone ends you throttle up. We also know those race up to a no wake zone and throttle back. This creates massive large wakes that are even larger than when a boat is going by at full speed. Now that we have protected those against the wall in Stillwater where they will be parking, what are we doing to ensure the safety of the marina just north of the no wake zone? I saw firsthand last year when a boat took off from the gas dock right by MPYH and created a wake that ripped out the cleat on the dock which did damage to boats to say the least as it whipped around in the air. These large rollers of wakes will create quite an issue to the marina and boats causing damage as they are parked there and left unattended at many times. Cleats will continue to rip out of the dock along with power cords will come out of boats causing many issues for those boats sitting that need power. Any chance you would be willing to further discuss? I'm just really hoping for the best outcome for all as we enjoy beautiful Stillwater. Thank you Tim Gregerson 651-216-4445 t Page 127 of 216 From: Clarkowski,Todd(DOT) To: Diane Ward Subject: No Wake zone near Lift Bridge--comment Date: Thursday,April 05,2018 3:40:58 PM Hi Diane, I like the speeds as they currently are on the river around the Lift Bridge, so I'd vote for NOT having a no-wake zone there. Thanks and have a good day, Todd Todd Clarkowski 13665 Oldfield Road North, Stillwater Page 128 of 216 Diane Ward From: Todd Hall <twillardhall@grnail.corn> Sent: Sunday, April 15, 2018 12:03 PM To: Diane Ward Subject: Public Hearing for No Wake Zone I cannot make the public hearing but I support the no-wake zone and have experienced several situations at the MPYH gas dock when I and my wife could have been thrown into the river. This is a huge safety concern, especially with a small boat like our dinghy. We get fuel at the gas dock and we have to lift the gas nozel into our boat to get to the gas tank. A dinghy only sits about 12 inches out of the water. When the large waves hit us, we are several feet below the top of the dock. At times gas has come out of our tank while fueling as the waves moved us up and down so much we could not safely fuel our boat. Large waves hammer us into the gas dock. The southbound boats race to get to the lift bridge and then slow down causing an excessive wake which knocks you into the gas dock wall and you have all you can do to hang on. The same occurs with northbound boats that have just passed under the lift bridge as they hammer the throttle to go north. Several times I have also seen small ski boats pulling children on tubes causing excessive wake. There is excessive traffic in that area every nice weekend. I support a no-wake soon north from the lift bridge thru the Mulberry Point Yacht Harbor Marina. It is only a matter of time before there is a serioius accident or fiiel fire because people are going too fast and casuing excessive wakes. Sincerely, Todd Hall MPYH Slip C-82 i Page 129 of 216 Tom McCarty From: Kendra Tim <timandkendral@gmail.com> Sent: Wednesday, April 25, 2018 8:44 AM To: Tom McCarty Subject: No wake Zone in Stillwater Follow Up Flag: Follow up Flag Status: Flagged Tom I hope you are well. I wanted to send an email about the no wake zone that is being created in Stillwater. I unfortunately was not able to make it to the city meetings to listen and to discuss the approval that went forward. I am a member of the MPYH marina that sits just north of where the no wake zone will end. I am a owner of a slip here which is not a cheap investment to become a part of iconic Stillwater. That being said, I am very worried of where the no wake zone is stopping. We all know in boating that as soon as you achieve the point where the no wake zone ends you throttle up. We also know those race up to a no wake zone and throttle back. This creates massive large wakes that are even larger than when a boat is going by at full speed. Now that we have protected those against the wall in Stillwater where they will be parking,what are we doing to ensure the safety of the marina just north of the no wake zone? I saw firsthand last year when a boat took off from the gas dock right by MPYH and created a wake that ripped out the cleat on the dock which did damage to boats to say the least as it whipped around in the air. These large rollers of wakes will create quite an issue to the marina and boats causing damage as they are parked there and left unattended at many times. Cleats will continue to rip out of the dock along with power cords will come out of boats causing many issues for those boats sitting that need power. Any chance you would be willing to further discuss? I'm just really hoping for the best outcome for all as we enjoy beautiful Stillwater. Thank you Tim Gregerson 651-216-4445 1 Page 130 of 216 Oak Park Heights Request for Council Action Meeting Date August 28th. 2018 Time Required: 5 Minutes Agenda Item Title: Preliminary & Final Plat—Rid ecrest—Oak Park Heights I located at 13523 6011' Street N. Agenda Placement New Business Originating Department/Request J n City Administrator Requester's Signature Action Requested Discussion P sable Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated August 10th,2018 as presented to the Planning Commission; the Planning Commission did recommend approval of the Preliminary and Final Plat. 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution Approving Preliminary and Final Plat. Page 131 of 216 a City ®f Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 August 10,2018 TO: Planning Commission Me rs FROM: Eric Johnson,City Admi ^ RE: Consider Amended Prelimina &Final Plat for Ridgecrest Oak park Heights 1, located at 13$23 Goy'St.N--PUBLIC ERRING. As part of the continuing development of a Ridgecrest Retail Development by Told Development Corp. The Developer and the City are planning a land-exchange. The Developer receiving 19,040 square feet lying generally north of their site (shown in Green) and the City receiving 16,343 square feet, generally lying to the south of the site(shown in Yellow). It was initially anticipated that such lot-splits and - acquisitions could be accomplished via a MINOR SUBDIVISION, however it became apparent that the terms - - 7 would not be compliant with City Ord 402.01.G.c.2 and must follow a more standard re-platting following 402.04 and combining a preliminary and final plat process. The City owns in "FEE"the areas to be transferred as does - a 1 ti I the Developer. A final developers agreement remains 1 i pending and would incorporate any Final languages and ---��- i ensure utility easements be conveyed separately.Assuming there is not new information or items suggested at the Public Hearing ss Staff would recommend approval of the proposed plant and related subdivisions as it is consistent with the approved development applications as approved by the City Council in Resolution 18-06-24-attached as Exhibit 4. Exhibit 1-Shows the DRAFT proposed plat Exhibit 2-Shows a more complete colarired map of lands to be exchanged as well as the underlying current parcels as they now are. Exhibit 3-The City is further interested in this land exchange as it will provide the City a vital east-west link in the developing project of a re-routed frontage roadway. Exhibit 4-City Council in Resolution 18-06-24- Exhibit 5—Legal notice as posted/malted. Page 132 of 216 RI . s LIN r r-------- ! g l gi I IdlX1Y' �JI6�•,! ��1°'.�M.IRIkA05 �f �i�� Y=r------------------- V7 l I a�•_. �2 r�C ! - � e rnl r r/rni,r��'A t y i � .'rvrni_'sir.. I Oi � l.j IN �a I �� --•- i � � - SP S r e f .rr, ••----•--------- - I Page 133 of 216 4 Jr s Gypp c 1� , ff � �F'� / 6 •lflf I f�-1�1Vs� !� i f 111J1A/—'IIJRA I A �--••--- RCDC!M. lar ! '----- ----------------- ---- ------ .� I sa --L ------------- — _ _ ' -- _ s 49 1 n, - , I r Page 134 of 216 15" £ I i 1-16 ,6 g MCI II ! 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I i� I � i;s��ilR 3,�� FFF li�;�r'i�! �l3zt 3'-�l� r r�`ii: •�".=b+ i a: lr,�"i •s#si i now :• pp (i t t9 l .F t• 4.7i F .j FEA Rk r ' 1 s � co x , Page 136 of 216 x� �3 k rv. I� AREA lReceived fccv;i t I Page 137 of 216 RESOLUTION NO.18-06-24 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST OF RIDGECREST OAK PARK HEIGHTS I FOR PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL PLAN, CONDITIONAL USE PERMIT FOR A DRIVE THRU RESTAURANT,PRELIMINARY AND FINAL PLAT, AND DESIGN GUIDELINES/SITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Ridgecrest Oak Park Heights I for Planned Unit Development,Concept and General Plan, Conditional Use Permit for a drive thru restaurant,Preliminary and Final Plat,and Design Guidelines/Site Plan review,and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the:following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items; SEE ATTACHMENT B and 3. The property is zoned B-4 Limited Business District that allows retail and restaurant development as a permitted use;and 4. The Applicant has applied for a Planned Unit Development,Concept and General PIan to allow a shopping center with joint signage, access and parking; and 5. The property is to be subdivided as Ridgecrest Oak Park Heights 1,requiring review and approval of a Preliminary and Final Plat; and Page 138 of 216 and 6. A Conditional Use permit has been requested to allow for a drive thru restaurant; 7. Design Guideline/Site Plan approval is required for a new building and site improvements; and and 8. City staff prepared a planning report dated June 7, 2018 reviewing the request; 9. Said report recommended approval of the Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant,Preliminary and Final Plat, and Design Guidelines/Site Plan review,subject to the fulfillment of conditions;and 10, The Planning Commission held a public hearing at their June 14,2017 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL RECOMMENDS THE FOLLOWING: A. The application submitted from Ridgecrest Oak Park Heights I for Planned Unit Development, Concept and General Plan,Conditional Use Permit for a drive thru restaurant, Preliminary and Final Plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The City Council approves the following subject to the conditions as follows: • Planned Unit Development, Concept and General Plan • Preliminary and Final Plat approval. Conditional Use Permit for a Drive Through Restaurant. • Design Guidelines/Site Plan Review. 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. A Final Plat shall be prepared for City Council approval. 2. The Planning Commission recommends.and the Citv Council aaproves the proposed building,driveway and panting setbacks. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. All grading,drainage, erosion control,utility plans,and access driveways are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 2 Page 139 of 216 5. The Applicant shall agree to escrow sufficient funds, as specified by the City Engineer, to complete future sidewalk improvements adjacent to the property or agree that the City will complete the work and petition for the public improvement,waiving notice of public hearing and assessments, as required under Minnesota Statute 429, 6. Additional easements for sidewalk improvements on 60th Street North and Norell Avenue may be required subject to review and approval of the City Engineer. 7. The Applicant shall provide a snow removal plan or indicate if the snow wiII be hauled off site. S. The landscape plan shall be subject to the review and approval of the City Arborist. All required landscape plan details shall be submitted to the satisfaction of the City Arborist. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. Panera Bread shall provide a site line study from Highway 36 and NoreIl Avenue demonstrating how the parapets will screen the mechanical units. 10. All light fixtures shall be full cut off,compliant with the height requirements,and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 11. All signs shall be designed to comply with the Toning Ordinance requirements for size, number,placement and internal illumination. The freestanding signs shall be limited to one per lot, unless designed as a monument sign. 12. The Planning Commission recommends, and the City Council approves the fourth wall sign on the Panera Building. 13. The Planning Commission recommends, and the City Council approves the building designs and building materials. I4. The Planning Commission recommends,and the City Council approves the proposed transparency of the north and east elevations of both buildings. 15. A bike rack should be identified on the site plan and placed on site for each building. 16. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 3 Page 140 of 216 Approved by the City Council of the City of Oak Park Heights this 26`'day of June 2018. M&V4cCoiiIber,Mayor ATTEST: Eric A. Jo so Administrator 4 Page 141 of 216 ATTACHMENT A 0 bs. F Planned Unit Development Amendment: Concept& General Plan, Conditional Use Permit, Preliminary& Fknal Plat, And Design Guidelines Review For Proposed Restaurant and Retail Development Ridgecrest Oak Park Heights,LLC Located at 13523 6011 St.N. Washington County GEO Codes: 05.029.20.21.0025 05.029.20.21.0013 05.29.20.21.0016 Page 142 of 216 ATTACHMENT B Planned Unit Development Amendment: Concept&General Plan, Conditional Use Permit, Preliminary&Final Plat, And Design Guidelines Review For Proposed Restaurant and Retail Development Ridgecrest Oak Park Heights,LLC Located at 13523 601s St.N. Application Materials a Application Form e Fees • Plan Sets Written Narrative and Graphic Materials Explaining Proposal e Mailing List from Washington County(500' from subject property) e Proof of Ownership or Authorization to Proceed • Property Tax Staternent(s)/Legal Description(s) Meeting With City Staff Upon Application Submittal: May 2,2018 Planning Commission Review&Recommendation:June 14,2018 PUD Amendmen#-Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve(12)months from the date Council grants General Concept Plan approval,or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan,the approval may be revoked by Council action. (401.06.C.2.e) Conditional Use Permit -Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building,structure,addition or alteration,or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 143 of 216 �0- EXt4. NOTICE OF PUBLIC HEARING ON APPLICATION FOR AMENDED PRELREIKARY&FINAL PLAT REVIEW FOR RMGECREST OAK PARK HEIGHTS I AT 13523 60TH ST.N. CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,AINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission for the City of Oak Park Heights,Washington County,Minnesota shall hold a public hearing, at the direction of the City Administrators for Amended Preliminary&Final Plat Ret iew for Ridgecrest Oak Park Heights I,located at 13523 60&St.K.,City of Oak Park Herts,County of Washington and State of Minnesota;legally identified as follows: Washington County Property Identification Numbers: 05.029.20.21.0013 05.029.20.21-0016 05.029.20.21.0023 05.029.20.21.0025 05.029.20.21.0026 The public hearing shall be held before the Planning Commission on Thursday,August 16, 2018 at 6:00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota 55082. All written and oral comments nill be considered. Revievt of the findings and recommendation of the Planning Commission is anticipated to be held by the City Council on Tuesday, Augmt 28,2018 at 6:00 o'clock p-mat the City Hall Dated this 25th day of July,2018_ BY ORDER OF THE CITY COUNCIL Eric Johnson,City Administrator Page 144 of 216 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 THAT THE REQUEST OF RIDGECREST OAK PARK HEIGHTS I FOR PRELIMINARY AND FINAL PLAT SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Ridgecrest Oak Park Heights I for Preliminary and Final Plat, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-4 Limited Business District that allows retail and restaurant development as a permitted use; and 4. The Applicant received approval on June 26,2018 by the City Council for a Planned Unit Development, Concept and General Plan to allow a shopping center with joint signage, access and parking; and 5. The property is to be subdivided as Ridgecrest Oak Park Heights,requiring review and approval of a Preliminary and Final Plat; and 6. The Final Plat creates lots to be exchanged between the City of Oak Park Heights and the Developer that accommodates the development as well as potential roadway access; and 7. City staff prepared a planning report dated August 10,2018 reviewing the request; and 8. Said report recommended approval of the Preliminary and Final Plat, subject to the fulfillment of conditions; and Page 145 of 216 9. The Planning Commission held a public hearing at their August 16, 2018 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMNIISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from Ridgecrest Oak Park Heights I for Preliminary and Final Plat of Ridgecrest Oak Park Heights affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. Recommended by the Planning Commission of the City of Oak Park Heights this 161'day of August 2018. Tim Freeman,Chair ATTEST: Eric A. Johnson, City Administrator 2 Page 146 of 216 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARD HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST OF RIDGECREST OAK PARD FIGHTS I FOR PRELIMINARY AND FINAL PLAT BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Ridgecrest Oak Park Heights I for Preliminary and Final Plat, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings and fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-4 Limited Business District that allows retail and restaurant development as a permitted use; and 4. The Applicant received approval on June 26,2018 by the City Council for a Planned Unit Development, Concept and General Plan to allow a shopping center with joint signage, access and parking; and 5. The property is to be subdivided as Ridgecrest Oak Park Heights,requiring review and approval of a Preliminary and Final Plat; and 6. The Final Plat creates lots to be exchanged between the City of Oak Park Heights and the Developer that accommodates the development as well as potential roadway access; and 7. City staff prepared a planning report dated August 10,2018 reviewing the request; and 8. Said report recommended approval of the Preliminary and Final Plat, subject to the fulfillment of conditions; and Page 147 of 216 9. The Planning Commission held a public hearing at their August 16,2018 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Ridgecrest Oak Park Heights I for Preliminary and Final Plat of Ridgecrest Oak Park Heights affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. Approved by the City Council of the City of Oak Park Heights this 281 day of August 2018. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 2 Page 148 of 216 ATTACHMENT A Preliminary& Final Plat For Ridgecrest Oak Park Height I Located at 13523 601h St.N. Washington County GEO Codes: 05.029.20.21.0025 05.029.20.21.0013 05.029.20.21.0016 Page 149 of 216 ATTACHMENT B 1R1 Preliminary& Final Plat For Ridgecrest Oak Park Heights I Located at 13523 601h St.N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Review& Recommendation: August 16,2018 Page 150 of 216 rt• Oak Park Heights Request for Council Action Meeting Date August 28h,2018 Time Required: 5 Minutes Agenda Item Title: Approve Develo er' •-Ridgecrest I LLC. Agenda Placement New BusinU4/--I� / Originating Department/Re estono4acolZon, City A `ator Requester's Signature Action Requested Dis sion ssible Action Background/Justification(Please ' dicate if any previous action has been taken or if other public bodies have advised): Assuming the Preliminary and Final Pla r the Ridgecrest I development is approved earlier on the Agenda;the City Council is asked to approve the Developer's Ag ement(as attached) that would outline the agreements between the Developer of the Ridgecrest Center and the City and which fundamentally relates to a transfer of lands between the parties. The map below demonstrates these planned transfers-yellow to the City&green to the Developer; Recall, the City is seeking to establish a possible east-west roadway connection that would improve the Norell Ave 1 STH 36 Intersection,while in exchange facilitating a redevelopment of the former Eagle's Site.Both parties own their lands in fee and are anticipated to be exchnaged via a Quit Claim Deed. Requested Action: RODGEC EST O K PARK HEIGHTS Approve the Developers Agreement as drafted by the City Attorney, subject to any Gr"n Area to final amendments deemed I � =—- ;; =--•- ry - DeveloW necessary and reasonable to the City Administrator and City Attorney to facilitate the i City's goals as anticipated. DRA T All gMoog 0le • Yellow Area to City Page 151 of 216 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this, -`,da� of 2018, by and between the City of Oak Park Heights, a municipal corporation'�under lh .laws of the State of Minnesota (the "City"), and Ridgecrest Oak Park Heights I, LLC, a Nt7iie'sota Limited Liability Company, (the "Developer"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of the planned unit development (PUD), Concept, and General Plan, replatting, conditional use permit (CUP) for a drive-through restaurant, and design guidelines/site plan, to develop and operate a multi-tenant retail/services and restaurant uses upon a plat of land within the corporate limits of the City described as follows: See Attached Exhibit A (the "Subdivision"); and, WHEREAS, the City Council has on June 26, 2018, granted preliminary approval to the planned unit development (PUD), Concept, and General Plan, revised re-platting approved on 8/28/18, conditional use permit (CUP) for a drive-through restaurant, and design guidelines/site plan, to develop and operate a multi-tenant retail/services and restaurant uses on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street access, water, sewer and other public improvements as well as the development of on-site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". There are no public improvements to be installed by the City Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements". 1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's expense the following improvements under Plan A according to the following terms and conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage/treatment facilities, surface drainage ways and all Page 152 of 216 private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading plan during construction shall be submitted to the City for approval. Each building site must conform to the grading plan approved by the Building Inspector of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land skull be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four(4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the right-of-way of Norell Avenue or 6e Street N. as acquired by the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the 2 Page 153 of 216 lot markers. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. Upon completion, the onsite facilities including watermain,hydrant, sanitary sewer and storm sewer that serve the site shall be private and maintained by the Developer and Owner. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner ;and City Arborist for approval. F. TheDeveloper shall bei responsible for adjacent street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. The repair of any damage done to the streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. r i G. Thi Developer shall furnish site lighting' in accordance with the City Ordinance requirements pursuant to a plan which must receive the approval of the City Planner. General Requirements: H. The Developer shall not be required to pay any park dedication fees,because such fees were duly paid pursuant to prior development of the site. 1. The Developer shall own, maintain, and repair all drainage and storm water storage and treatment facilities as required by the City and to be shown on the final plat. The Developer shall provide a final as-built survey of all storm water facilities. The Developer shall be responsible for storm sewer cleaning and storage/treatment facility maintenance and cleaning, as required, by the City prior to completion of the development. The City shall be entitled to inspect all stormwater facilities, including underground storage, at least annually. Capacity will be considered inadequate if sediment has decreased the storage volume by percent of the original 3 Page 154 of 216 design volume, and Developer/Owner shall be required to remedy any such inadequacy and ensure that the stormwater management devices continue to operate as designed. Inlet and outlet structures shall be cleared of any flow impediments. Accumulated debris and sediment will be removed within months of inspection date. Any structural damage impairing or threatening to impair the function of the facilities shall be repaired by the Owner or at the Owner's expense within months of inspection date. J. The Developer shall be responsible for securing all necessary approvals, PUDs, CUPS and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. The Developer shall secure the appropriate MnDOT access permits for the two accesses onto the MnDOT Frontage Road, K. Drainage and utility easements. 10 foot drainage and utility eas is shall be provided along all lot lines on the site. L. Wetland Designation. All areas classified as wetlands shall be� displayed upon the plat and those so specified by the City Engineer shall be dedicated to the public for that purpose. M. Tree Protection and Clearing: [deleted] O. Warranty of Title. By its execution hereof Developer hereby warrants and represents'that it has the exclusive and marketable fee title to the subject property. beveloper further warrants and represents that there are no liens or encumbrances against the title and that it is fully authorized to execute this agreement as the fee owner of the subject lands. P. Fire Hydrants. All fire hydrants throughout the development shall incorporate an AFC- Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece design, compatible with a five inch Storz hose coupling. The nozzle shall be an integral part of the fire hydrants and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. Q. Utility Locations in City Right of Way. In order to maintain compliance with regulations promulgated from the Minnesota Office of Pipeline Safety the developer, its contractors , subcontractors, and agents shall comply with the following requirements: 4 Page 155 of 216 1. All right of way work shall require an application with a plan that shall be submitted for city review prior to any work performed in the right of way areas. 2. The layout of utilities, including depths, off-sets and materials shall be documented during construction and confirmed with city staff during the installation process. 3. Single family residential lots are required to submit an accurate tie card showing the utilities installed and measurements from fixed objects (corner of house, fire hydrants, etc.)to the curb stop, location pins, clean outs and tie in points for all utilities. 4. Multi-family and commercial lots must provide, in addition to the above, professional as built drawings confirmed by field survey, showing the required information. In addition Engineering grade GPS coordinates in the Washington County coordinate system shall be supplied by the builder. These will allow the coordinates to be electronically incorporated in to future city mapping. 5. All installations will require pins be installed directly above all utility lines where they cross lot lines. A corrosion protected trace wire shall be installed six inches below final grade directly above all new utility installations at a minimum through the right of way. The trace wire and tail shall be terminated in a capped vertical conduit that is within two inches of the final grade and pin located at the lot line. 6. The Developer shall hold harmless and indemnify the City of Oak Park Heights from any and all loss or damage resulting from its failure to comply with these requirements including but not limited to expenses the City incurs in correcting errors in information provided by Developer its agents or contractors or remediating problems resulting there from in the right of way. 7. Upon failure to provide full documentation as required the City shall notify he Developer who shall have 34 days to secure full compliance. Failure to comply will result in the work being assigned by the City to an outside professional for completion of the necessary work. Any costs incurred in resolving these requirements shall be assessed to the property or offset from security required under this agreement. 8. City staff shall document the time and materials required to review, confirm and accept the installation documentation and shall invoice Developer for the costs based on the actual work involved or on a fee schedule adopted by the City Council. 5 Page 156 of 216 P. Underground Installation of Electrical Distribution Lines. Pursuant to City ordinance Chapter 1008 all electrical distribution lines located or to be located upon the site shall be installed and maintained underground. As to those areas of the City where existing distribution lines are within the Right or Way of TH 36 and impacted by the proposed reconstruction of Highway 36 as part of the future St. Croix River Crossing Project the City will allow the Developer to request delay in the installation of Transmission (as opposed to service) lines provided the Developer signs the City form for permitting future installation as part of that project and commits to the payment of any local share of the future installation costs (i.e.being those portions not paid by MNDOT relative to the subject parcel), via special assessment over a 5 year period. 2, DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST Nil 1. Boulevard and swale sod r !� k 2. Landscaping 3. Street signs 4. Street lights 5. Grading 6. Erosion Control 7. Stormwater Facility/Infrastructure Construction, Protection & Restoration 8. Utility Infrastructure Construction Protection & Repair 9. Street/Parking Lot Protection&Repair TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20%): TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: 6 Page 157 of 216 SECURITY REQUIREMENT(25%) TOTAL PLAN A ESCROW Ridgecrest Oak Park Heights I 3. CONSTRUCTION OF PLAN A IMPROVEMENTS. (plat name) A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspectioia. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. t, C. Easements. The Developers sh411dedicate to the City, upon approval of the w final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A Improvements as determined by the City. All such easements required by the City sliall be in writing,'and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all casements located outside the platted area, the same shall be dedicated by separate easement conveyed to the City of Oak Park Heights prior to the execution of the Development Agreement. D. Faithful Performance of Construction Contracts and Security. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan A Improvements. No work shall be commenced under this Developer's Agreement until the Developer shall have filed with the City a cash deposit, certified check or Letter of Credit (in a form to be approved by the City Attorney) in the amount equal to the total estimated cost of the Plan A improvements plus an additional security requirement of an extra 25% in the total amount of S . The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan A improvements, however, the City shall provide the Developer the opportunity to pay for said improvements as bills are incurred, in cash, rather than applying payments as against the Letter of 7 Page 158 of 216 Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case, the Developer shall have 10 business days from the time of submission of the bill by the City to the Developer to pay to the City such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file with the City. Additionally, Developer guarantees and agrees that, should the City need to apply a claim on said Performance Bond, that Developer shall pay all attorney's fees and administrative expenses associated with said action. E. Letter of Credit. Letters of Credit (LOC) to secure the project completion must be provided and must meet the following criteria. i. The City will provide its preferred sample LOC format. Variations from this sample may cause'delay in the acceptance of the LOC by the City. Delay in acceptance may pau�p a delay in the approval process for your proj ect. ii. The LOC must be drawn on a bank. The LOC is preferred to be from a bank in the seven (7) county metro area. L6Cs on a bank outside the metro area must include a provision allowing for drawing on the LOC without presenting, or sending the original LOC. LOCs for less than $ 25,000 must also include a provision allowing for drawing on the LOC without presenting, or sending the original LOC. If a LOC is drawn on it will be returned to the originating bank after funds are received. iii. The bank must submit a copy of their latest call report along with the LOC. iv. The bank the LOC is drawn on should have assets of at least $25 million. V. The LOC must be for a minimum term of one(1)year. vi. The LOC must contain a provision allowing for drawing on the LOC if it is not renewed, or replaced, by sixty(60)days prior to its maturity. vii. The LOC and any financial information must be received by the City not less than seven (7) days prior to the City Council taking action on the request. viii. The City reserves the right to request additional financial information it deems appropriate from the bank providing the LOC. The 8 Page 159 of 216 City reserves the right to now accept a particular LOC. ix. Letters of Credit will not be accepted from a related company, i.e.,. parent company, subsidiary, if the builder/developer is a subsidiary company the LOC cannot come from another wholly owned subsidiary of that parent company. Builders/developers submitting LOCs from non-bank institutions will be required to submit a Ietter from the institution confirming that it is not related to the builder/developer. 4. CONNECTION CHARGES. [deleted] 5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of $ to reimburse the City of Oak Park Heights for previous bled,expenses relating to this development. 6. GENERAL: A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval. The City has given final approval to the plat of the Subdivision (Ridgecrest Oak Park Heights I,upon execution and delivery of this Agreement and the review and approval of the Final Plat and further land transfers contemplated herein, and of all required documents and security, subject to compliance with the Ordinances of the City and terms and provisions hereof, permits may be issued by the City. C. Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City 9 Page 160 of 216 Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement. Cite Planner Report dated 06/07/2018 and all exhibits thereto; Cite Resolution of Approval No. dated 06/26/2018 and all exhibits thereto; City, Arborist Report dated 06/06/2018; City Engineer Report dated 06/21/2018 and all exhibits thereto. D. P.U.D. Permit. The City of Oak Park Heights shall file the Planned Unit Development Permit of record in the office of the County Recorder. Providing that the Developer is not in default under the terms of the Development Agreement, the City shall provide appropriate releases to the financial aspects of same and documentation to individual buyers of lots. 4 E. Administrative and Miscellaneous Expenses. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs may be offset against the Performance Bond which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the bonding company for the payment of same. Should the Developer dispute the reasonableness of any of the City's charges, Developer shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developer. F. EstablishineW of Construction Schedules. The City Engineer shall establish construction schedules for Plan A and Plan B improvements and shall consult with Developer prior to establishing same. G. Zonin . Ridgecrest Oak Park Heights I Addition has been designated a zoning classification of PUD by the City Council. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. H. Street Grades. The grades of all streets shall not exceed 8% and the la Page 161 of 216 minimum grade shall not be less than .5%. L 6oth Street Reroute. The City has agreed to transfer a portion of its properties along 60'h Street to the Developer . The City shall be an co-applicant with Developer to add the City's properties into the plat for re-platting purposes. In exchange, the Developer shall transfer property from its parcels to the City for purposes of a proposed street rerouting project. Upon finalization of the plat, Developers shall transfer to the City, in fee title, the properties at the southerly portions of the plat for current and/or future roadway purposes, to be denoted as Outlot on the Final Plat, for purposes of future redevelopment and reroute of the TH36 frontage road at Norell Avenue known as 60'h Street, and as further delineated on the attached Exhibit B. Developer understands and agrees that the City reserves the right to remove and eliminate any and all landscape planting, parking lot or other infrastructure in that area as necessary to accommodate the street rerouting project, without any additional compensation or consideration to Developer or any future owner of Ridgecrest Oak Park Heights I. In consideration for the foregoing, the City has agreed to subdivide and transfer to Developer a portion of the City's property adjacent to the existing 60`, Street consisting of square feet, as further delineated on the attached Exhibit B. The City and Developer shall enter into any separate purchase agreements and execute deed_s needed to effectuate these transfers. J. Phase I DTvglo ment. Developer°sI Development is approved for Phase I of the Ridgecrest Oak Park Heights 1. This phase includes the construction of a building for the 4,500 sq. ft. Panera Bread restaurant illustrated on the approved concept plan and the 6,720 square feet of generic retail buildings also provided for on the approved concept plan. Building of the 6,720 retail building will require the processing of a PUD Amendment and site plan review at such time as an application is made for that addition. K. Handicapped Parking. Location of disability/ handicapped stalls shall be made more efficient with regard to serving all of the areas of the proposed facility. L. Landscaping. A final landscaping plan shall be developed and submitted to the City Planner by Developer. In addition the following modifications to the landscape plan shall be implemented subject to final modifications by the City Planner: 11 Page 162 of 216 1. Conforming the landscaping plan to the planting schedule. 2. All trees must be landscape grade trees and not park grade trees. 3. All plantings must be done on private property and not the City right of way. M. Trash Receptacles. Trash receptacle areas have been designated on the site plan for the buildings. All tenants of the building will be required to utilize these trash receptacles or will be required to store trash internally. N. Li tin . Developers must submit a lighting plan to the City Council. A photo-metric lighting plan shall be submitted and subject to review and specific approval of City Staff and City Council. All lighting shall be hooded and controlled so as not to direct light source to adjacent lands and not to be visible from the public nght- of-w,ay, or from adjacent properties in compliance with Section 401.I513.7 of the Zoning Ordinance. i O. Si a e. A master signage plan shall be developed by the Developers and submitted to the office of the City Planner for approval. All signage shall be conformed to the master signage plan so approved by the City Planner. P. Any changes to the submitted landscape plan shall be subject to review and approval of the City Council. Q. Indemnification: To the fullest extent permitted by law, the Developers shall indemnify and hold harmless the City of Oak Park Heights, its agents and employees from and against any and all claims, damages, losses or expenses, including but not limited to attorney's fees, arising out of the issuance of this Developer's Agreement by the City of oak Park Heights and/or arising out of the performance or non-performance of its obligations hereunder by Developer. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. 12 Page 163 of 216 In the presence of: CITY OF OAK PARK HEIGHTS Mary McComber Mayor Eric Johnson City Administrator In the presence of. RIDGECREST OAK PARK HEIGHTS I,LLC Its I i i lts STATE OF MINNESOTA. ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2018 before me a Notary Public, within and for said County personally appeared Mary McComber and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. 13 Page 164 of 216 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON } On this day of_ , 20_, before me a Notary Public, within and for said County personally appeared and to me personally known, being each by me duly sworn did say that they are respectively the and of Ridgecrest Oak Park H eights I LLC, a Minnesota Limited Liability Company, mined in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said,"municipal corporation. F r Notary Public THIS INSTRUMENT WAS DRAFTED BY: Kevin S. Sandstrom Eckberg, Lammers, P.C. 1809 Northwestern Avenue Stillwater, MN 55082 (651)439-2878 14 Page 165 of 216 THIS PAGE INTENTIONALLY LEFT BLANK Page 166 of 216 Oak Park Heights Request for Council Action Meeting Date August 28`h. 2018 Time Required: 5 minutes Agenda Item Title: Oak Park Hei hts—En rice Signage Agenda Placement New Busines Originating Department/Requ for Johnson ministrator Requester's Signature Action Requested Discus 4M Possible Action Background/Justification (Pl'ease indicate if any previous action has been taken or if other public bodies have advised): The City Council continues to discuss and finalize a CITY ENTRANCE SIGN to be located within the eastbound STH 36 corridor, lying west of CSAH 14. One element that is further necessary is to secure MNDOT authority — a PERMIT - to install such sign. To initiate that, the City Council must pass a RESOLUTION accepting the terms and conditions of a final LIMITED USE PERMIT. Without such adoption, no signs may be installed. Staff has enclosed as the proposed RESOLUTION for possible adoption and provided a DRAFT of the Limited Use Permit. If the Council desires to move forward please perform the following: 1. Adopt the Resolution as presented. 2. Approve the Limited Use Permit. Notes: • The resolution allows City Staff to make adjustment or amendments to the Permit as may be necessary; further the Limited Use Permit essentially states that the Sign is place at the City's sole-risk, that all costs are the City's, that the State makes no warranties of the site and the City must remove the sign when demanded by the State, i.e. pretty typical permit language. • Also enclosed are the standards from the MNDOT Right of Way Manual — as to the parameters/regulations of any sign that may be installed. Page 167 of 216 RESOLUTION CITY OF OAK PARK HEIGHTS LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A MONUMENT SIGN IN THE RIGHT- OF-WAY OF TRUNK HIGHWAY 36 and CSAH 14. WHEREAS, the City of Oak Park Heights is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS,the City Council of the City has approved a plan to construct a monument sign in the right-of way of Trunk Highway 36 lying to the west of CSAH 14, to promote the orderly and safe development of the City; and, WHEREAS,the State of Minnesota,Department of Transportation requires a Limited Use Permit for the construction and utilization of said sign. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City hereby approves of the entering into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a City Monument Sign within the right- of- way of Trunk Highway 36 of the State of Minnesota. City shall construct, operate and maintain said sign in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW,THEREFORE,BE IT FURTHER RESOLVED,that the City Administrator is authorized to execute the Limited Use Permit and any amendments to the Permit. Passed by the City Council of the City of Oak Park.Heights this day of 2018. Mary McComber,Mayor Attest: Eric Johnson, City Administrator Page 168 of 216 CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by City Council of the City of at an authorized meeting held on the day of ,20_,as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 20_ (Signature) Notary Public (Type or Print:Name) My Commission Expires (Tale) Page 169 of 216 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT 8204 T.H. 36C.S. 8204 (T.H. 36) County of Washington LUP # 8204-0054 Permittee: City of Oak Park Heights Terminates: 02/27/2028 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Oak Park Heights ("Permittee"), to use the area within the right of way of Trunk Highway No. 36 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Municipal Identification Entrance Sign The Permittee's use of the Area is limited solely for the purpose of constructing and maintaining a Municipal Identification Entrance Sign ("Facility"), and the use thereof may be further limited by Minnesota Statutes Section 173.02 Subdivision 6(a) and Section 173.025. The Permittee will be allowed access to the Area from said trunk highway for the purpose of constructing and maintaining the Facility at a time and in a manner designated by MnDOT's District Engineer. When working on the Area, the Permittee will conduct its operations in accordance with the requirements of the "Minnesota Field Manual on Temporary Traffic Control Zone Layouts". The Permittee must not block or close any lane of traffic during construction or maintenance activities unless prior written approval has been obtained from MnDOT. No advertising of any nature is permitted on the Facility except that the Permittee may incorporate a pictograph or a short promotional slogan which has historically been used in the identification of the Permittee. [ADDRESS ANY UNIQUE MATTERS HERE, SUCH AS CONDITIONS RELATED TO ILLUMINATION OF THE FACILITY, LANDSCAPING, ETC.] In addition, the following provisions shall apply: LUP—Municipal Identification Entrance Sign Form Page 1 of 6 LU1000 8/24/2018 Page 170 of 216 1. TERM. This LUP terminates at 11:59PM on 02/27/2028 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. LUP—Municipal Identification Entrance Sign Form Page 2 of 6 LU1000 8/24/2048 Page 171 of 216 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. The Facility shall be constructed according to the plans that are attached as Exhibit A. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee shall construct the Facility only at the location shown in the attached Exhibit "A" subject to verification by MnDOT that the construction geometries and procedures result in a Facility that is compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all existing survey monuments and utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 4. MAINTENANCE. The Permittee shall keep the Facility in good repair. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. MnDOT may, without prior notice, remove any Facility that presents a safety risk or which has not been properly maintained. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(f) of the Federal-Aid Highway Act of 1968. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations LUP—Municipal Identification Entrance Sign Form Page 3 of 6 LU1000 8/24/2018 Page 172 of 216 relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as apart of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on the property described in this permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA),(as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income-level, or limited English proficiency (LEP) will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the time and manner of access to the Facility located on the trunk highway right of way, so as to maintain the safety of both the traveling public and Permittee. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL, The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12, MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed LUP—Municipal Identification Entrance Sign Form Page 4 of 6 LU 1000 8/2412018 Page 173 of 216 or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: and to MnDOT at: Mayor State of Minnesota Oak Park Heights City Hall Department of Transportation 14168 Oak Park Boulevard North Metro District Right of Way Oak Park Heights, MN 55082 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP—Municipal Identification Entrance Sign Form Page 5 of 6 LU1000 8/2412018 Page 174 of 216 MINNESOTA DEPARTMENT OF CITY OF OAK PARK HEIGHTS TRANSPORTATION By: CITY OF OAK PARK HEIGHTS District Engineer By Date Its APPROVED BY: And COMMISSIONER OF TRANSPORTATION Its By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP—Municipal Identification Entrance Sign Form Page 6 of 6 LU 1000 8/24/2018 Page 175 of 216 2015 RIGHT OF WAY MANUAL 514.1 PROPERTY MANAGEMENT(5-491.500) MUNICIPAL IDENTIFICATION SIGNS (5-491.51.4) r, 514.1 INTRODUCTION Minnesota recognizes three types of signs that identify communities located along trunk highways. These signs are treated differently depending on the location and purpose of the sign. One type of sign located near the entrance to a community consists of signs that are located outside the boundaries of the highway right of way. These signs are considered advertising signs covered under Minnesota Statutes Ch. 173. They may be erected alongside highway rights of way in conformance with Minnesota Statutes §173.08, subd. 1(10). Another type of sign consists of municipal boundary markers that are erected by MnDOT. Minnesota Statutes §169.06,subd 2,authorizes the Commissioner to construct and maintain at the entrance of each city a sign that { includes the name of the city and population thereof. These signs are considered traffic control signs and are addressed in section 6-7.07 of the Traffic Engineering Manual and in section.2H.2.2 of the Minnesota Manual on Uniform Traffic Control Devices. The third type of sign consists of signs that identify the community and are constructed by the municipality. Unlike advertising signs,which may be placed alongside but not on highway right of way,municipal identification signs are located on trunk highway right of way. Unlike traffic control signs,municipal identification signs are not owned or installed by MnDOT, These unique characteristics result in municipal identification signs having a different status than other two types of municipal signs 514.2 AUTHORITY i Minnesota Statutes §173.025 provides that a local road authority may erect a municipal identification sign within the right of way of a trunk highway. The local road authority must obtain the written permission of the commissioner before erecting the sign. The commissioner may include conditions under which the sign may be erected to preserve the safe and efficient operation of the trunk highway. The definition of"official signs and notices"in Minnesota Statutes §173.02,subd. 6(a), includes municipal entrance identification signs. Pursuant to Minnesota Statutes§173.13, subd 4(d),no permit fee shall be charged for official signs, 1 Minnesota Statutes §160.2715(a)(9)provides that"it shall be unlawful to . . .place or maintain any advertisement within the limits of any highway." Minnesota Statutes §169.07 provides that"no person shall place or maintain,nor shall any public authority permit,upon any highway any traffic sign or signal bearing l thereon any commercial advertising." 514.3 PROCEDURE �-'�' P' MnDOT will use a Iimited use permit as the method for granting written permission for a city to install a municipal identification sign,A template limited use permit designed specifically for municipal identification signs has been prepared and is located in REALMS. The template includes provisions that address important matters such as responsibility for construction,maintenance and removal of the sign,safety, and liability. The procedures to be followed for issuing a limited use permit are detailed in section 5-491.810 of this Manual. The limited use permit will include provisions addressing any lighting or landscaping matters that may be part of the proposed sign. g d Page 176 of 216 6 2015 RIGHT OF WAY MANUAL 514.3 Before the Office of Land Management approves the issuance of a limited use permit for a municipal identification sign,the city shall submit to the District Engineer a proposed design and location for the sign, including any proposed electric service. MnDOT may approve the proposed sign, disapprove portions or all of the proposed sign,or require modifications to the proposed sign. The District Engineer and staff will consider and evaluate the following matters: 1. The applicant for a municipal identification sign must be a city(however the city is classified or organized under state law). 2. The city must agree to bear all costs associated with fabricating, installing and maintaining the sign,including any associated appurtenances,costs of removal of the sign if that should become necessary, and costs of restoration of the highway right of way to the satisfaction of the Area Maintenance Engineer. s E 3. Only one sign will be permitted per trunk highway approach into a city. 4. If necessary due to the terrain of the highway right of way,the sign may be located up to one mile before the city boundary,except that it shall not be located within the boundaries of another city. 5. The sign must face traffic entering the city. No sign will be permitted to indicate when leaving a city. The sign may be located on either the left-hand or right-hand side of the roadway,but not both. The sign will not be permitted in the center median of a divided highway. 6. The sign should be stand alone,ground mounted and must be located outside the clear a as close to the right-of-way line as practical. On freeways(including Interstate highways)and expressways with interchanges,signs may be placed only at locations that are,or can reasonably be made to be, accessible from a location other than the main line of the highway, such as a frontage road or access road. 7. The sign must not be positioned near locations of high attentional demand for drivers. 1 8. The sign must not obscure or otherwise physically interfere with or detract from any sign or i official traffic control device or a railroad safety signal or sign. The sign must not attempt to direct the movement of traffic. The sign must not obstruct or physically interfere with a driver's view of approaching,merging or intersecting traffic,or interfere with the safety of pedestrians and non-motorized vehicles. 9. The area within the perimeter of the sign (front or elevation view)above ground, including border,trim,supports and any associated appurtenances,must be no larger than 250 square feet. The height shall be no more than 25 feet,measured from the lowest part of the ground to the highest point of the sign, including border,trim, supports and appurtenances. E 10. The sign may incorporate a pictograph and a short promotional slogan which has been historically used in identification of the city.The sign message must not contain advertising for a commercial product or service. Emblems of service clubs may be included,provided that the emblem does not duplicate an emblem on a city Boundary Sign;and that the characteristics of the emblem meet the criteria in section 6-7.07.03 of the Traffic Engineering Manual. a Page 177 of 216 s c 2015 - _ RIGHT OF WAY MANUAL _ 514.312) 11. The message and design of the sign must be uncomplicated and must not have characteristics that could be distracting to motorists_ The size,design,and configuration of the sign must be approved by the District Engineer. Examples of prohibited characteristics include messages or colors that simulate a traffic control device,flags,banners,animated or moving parts,internal illumination,flashing lights,and digital display boards. 12. A sign may have external illumination,which shall conform to the standards for advertising devices specified in Minnesota Statutes§173.16, subd. 3(b)and 3(c)and shall not include flashing lights or changing colors. If electric service is requested to illuminate the sign,the city shall obtain from MnDOT a separate permit for installation of the electric service. 13. The sign shall comply with any applicable laws or ordinances. t d r F t 1 R s t 1 4 Page 178 of 216 f Oak Park Heights Request for Council Action Meeting Date August 28t", 2018 Time Required: 5 Minutes Agenda.Item Title: Pedestrian Safety—CSAH 26 Agenda Placement New Business Originating DepartmentJRequestor Mayor 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): With the opening of the new South Frontage Road —behind Holiday, there is some concern that further pedestrian safety investment is needed at the locations shown on the attached maps and images. Such as signage, ground makings, etc. The City has expressed this concern in the past to the County Staff, however the County has previously responded that the speed of the roadway at 30 MPH results in adequate stopping distances, but that a "field study"may be warranted. To the best of our knowledge a field study has not yet been completed AND since the roadway opened,the posted speed on the"straight" portions of the roadway has increased from 30 MPH to 40 MPH, which can reduce reaction time for all. We understand that the curved portions of the roadway are marked as 20 MPH. Would the Council be amenable to send a more formal communication to Washington County requesting that such a "field study" be completed and to please consider the installation of enhanced pedestrian markers and signage. Page 179 of 216 O EI,AllploxaWi..ffE ET,.RATE an. a• wn .r M MMAK CI+RaM M T.H. 36 W.S. na a"� WAAW a, . 0 SE[SHEET 11,.M fill METAIMPO WELL O{TaILS. EE.E Swrl 710.L5 FEE OMMATSK.SIAL to=,[TAri. © WMOTEET IWILER vp"AL=-M— IMRT I.SEE SMUT W.20 IN KTARS. T.H. 36 E.B. Pod ,.e-st�ri"a`nRamps - '� "•• mss:.as END 5 Axt STA. - w .LLL, i + KFC"----J" --__."'.---- C.S.A.H. 26 ! S f1I1111[ I d Ih OT��1 r SES f; J 9 t ��.. •__.,-.�..�� aw I 41l.f Wa.CAO 1' 14ILI y.. Page 180 of 216 4 ' 1 ie,a �7 x ua Page 181 of 216 THIS PAGE INTENTIONALLY LEFT BLANK Page 182 of 216 Oak Park Heights Request for Council Action Meeting Date August 28th,2018 Time Required: 5 Minutes Agenda Item Title: "Blue Light"Indicators on Traffic Signal Poles. Agenda Placement New Business Originating Department/Requestor Mayor 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): Please review the enclosed information regarding the installation of a"blue light"indicators on SIGNAL POLES. Hard copy is enclosed but can also be found: www.mntransportabonresearch.oro/tag/blue-lights/ www minnesotatzd org/events/conferencei2Ol7/documents/presentation/Denneson.odf I did briefly touch base with the Chief of Police and he indicated that these appear to be generally positive and could be a useful tool. If the Council is amenable to the concept; I would like the City to send a letter to MNDOT to request that they provide any information they have on such lighting systems including costs, timing to install and any post-installation analysis where these have been installed—including if traffic enforcement has become less cumbersome or any other input related to safety and/or other impacts. Conceivably,these could be installed on City or County intersections as well—such as at 58th Street and County Highway 14. (Formerly Hwy 5);As I understand, Washington County is interested in these systems as well. Page 183 of 216 ! A s a a s a. Tag Archives:bLe Ilghtg VIDE05 1, A recwfzed LutmonthforthedronereseaTch prajwtthatalso i waNed thaOmpanf®ridn and anEWMandIvInDOTRmearch _ TheMunichrevrSchoolofPublicAffa m part- A nership"iththe Bush presented a Aviard to recog- ,- nizeereatwwkwWtoencourapmerrA nm n wiw�nr. that agnwsagenclestodellver bettergovemment services toMinnesotarsthrough CreatNity.col- TRAFFICANDSAiETY IIIIIIIIIII, Ialgratkmamideffidency. HOWTHOSE LITTLE BLUE Theprojecttltled Fir- LIGHTS MAKE INTERSECTIONS 1t:25Lf undittvatngdrpneaforbrWgelrnpec- tkxrs improves Safety.lessens traffic disruption SAFERaid reduces work tim.For one type of bridge In- spection time shra Nr from eyht days to five. GNovEMRER1e,11014 ZSNANNONF1ECKE *3COMFffiii5 In tlrevideo.Jemifer 2Mr,MnDOT state bridge --��--C�NOV&4NR1A,2*M165HANNONFMCKE -P3a"4 M5-- In the vkkw.Jennifer Zink MnDOT state br Mw kepedlon englrreer.expbdrs the oroiKL along Astoryfrom WCCO-TV lastweekanswered a question that has wlthTars Kalar.MnDWassoriatekgalcourranl; likely been puzzlingmanycommuters passingthrough Ramsey CamaalsackumdhedorofMnDOTAero- noutk%acrd gnus Noklhusen.MnDOTReseardi County what are those Wire llRhtsmmfrw uoDntraificsiprals7 priap—englimer. Thereport explains thatthe blue Ughtsilluminatewhen a traffic sig- The Wtial drone projectel—Igrymant media not changes to red,alkwWng a patrol officertowitness and enforces 4eparamandaloanspotation from odavrthe departrcenl3dtrarsportation from all over the signal violation more easily and safety.What the reportdoesn'tex- country. plain is the safety banefitsto be gained from increased red lighten- Asecond mass,ofthemolectwas approved year forcement. and Iswrrentlyunderway.A Wrd phase tsal- ready in&A plannmgstaym. In Ramsey County,the proposal for a recent largedephrymentof Moro kdprmatbn blue lights came from traffic engineers,not police. •FlbalnORd 'Our county safety highway program conducted by WOOTindicat- •Tedmtol.nm- Bloamost ad a lotof right-angle crashes related to peoplerurming red lights: _ said Ramsey County Planner Joseph Lux--hese are typkaltythe ac- DRONE rRWECrEARNssrArEroveaN EHrla cldentswith the severest injuries.' VATIOH WARD Aucusre,aolA WDOTRE- SEARCH LEAVEACOMMEM As part of thestatawideTowards Zero Deaths(TZD)Initiative in July 2019,MnDOTworked with countiesto developsafety plans see hm'Hreseanchen;attheRoadmvS2WInsti- that emphasizelow-Dolt,high-value safety improvements ��tad,% teduceciashes and dsfMliviis on worWngtoredueecrashes andsm lNeson our nation's roadways Ina r video. Afederal grant is helping fund the installation of 128 blue lights at 49 intersections In Ramsey County Lagar over the next two ThearchersfromsrossRSI thereWoctor axho antwor researchers from across the regi m who are work- weeksDeputies will begin enforcement later this month,but the Ngonabreadth of proiects.ransingfrom redue hopels that the blue lights will be so effective,active enforcement ingaashesatmilgradeorosnpboimproving road safetyon tribal lands.The video also high- won't be necessary long-term. fights afewof RSrseduotionefforfs,lncludNga museum exhlblt designed to introduce preteens to A blue light,positioned on each ofthefourcorner intersection poles, safetrCOnOrots. tum onwhenevertheopposi esignal light tuns red. 4 'The commentswe'verecelved from local policels theydon'twant towrttetIck&s;they justwant people toclult runningred IighW Lia said. Page 184 of 216 NEW VIDEO:FINOINGSOLUTIONSTOSAVELIVES AlLY11,2016 CHRISTINE ANDERSON.LEAVEACOM- MENT 6#rfight hrdieatarr wa€aPl4xed fa coxlirtEAF�p,�lcsat Lrdm�frnAvrruemd tarpmtsurAr aaeein Rasxvire The blue light indicators allow a police officer to view an infraction MOST POPULAR from many viewpoints,instead of having to pursue the offending ve- hicle through the intersection.Also only one squad Is required to pa- Alternative desIgmWerd'rt-iedfor rur>dintersec- trol an intersection;nottwo. tion warning signs Pervious Concrete Pavement Reduces Runoff Into The blue light indicators have been shown to increase traffic safe- Shoreview lake ty.In Florida,crashes due to people running red lights fell by 33 per- cent,according to a Reducing confl6ion at two-lane roundabouts gtU&conducted on behalf of MnDOT and 37 other states. NanoteciawlogyReduces Cold-Weather Cracift in Asphalt Pavements Unlike Floridasblue lights,Ramsey County's are being placed onthe MnDOTlmprovwonAward-WinningUseof signal pole,Instead ofthemasthead.They're more prominent then a Drories for Bridge inspection couple Indicators the county tried previously at accident-prone In- tersections in Little Canada and Maplewood. TraffichnGPS Smes a tpill Provide More Accurate Counts Than GPS Smartplwrles 'They're bright and noticeable to the public,but nut distracting,like New research toexpkxeinrovatit-a solutions to the ones Florida puts on the masthead;Lux explained. aging pavementinfrastruchse According to WCCO-TV,the blue lights are funded by a$120,000 federal grant,with$13,000 in matching local funds. Temporary signs wil I be put up by Ramsey County to notify the pub- lic of the new indicators. A few other Minnesota communities—including Blaine,Crystal, Olmsted County and Dakota County—have also installed blue light Indicators in recent years. Lux explained that Ramsey County is installing blue lights on inter- sections that are easily enforced by law enforcement,as well as those that aren't in hopes that the public will obey them all because of the heightened presence. Page 185 of 216 11/7/2017 blue Enf or�en�er�t light 5�,t. Ritk D�r7t7��;cyr7—wt�t I�Lrlll[.:}yin I'�rl�ii4 5�3Ic°l�' • Hwy �2 traffic county tl��-L� tl��• City cif Maple Plaid i��acl� 2�,()DD ��r-5 pei° ��ay • Ir7tc}r°��ctio�is v��re at 7 .5 tiln.�s tl-�e �tat� • No serious l�i�;lz��ay� im��ro�cinents in 5U+ yt�a 1°s Page 186 . 1 • 2015 MnDD1 Safety Audit • Drove the complete corridor • Identified Safety 'issues • 3 timeline goals -- short term, medium aiid long Safety Audit . .F W u�s�ya 11/7/2017 • S�l()I"t �el'lTl f1XE'S Page 188 of 216 3 • �yL]]-I, La1,es • LED Street Li,�hts • Sig],�Ige 1'I„}�ror�eln��I,t • I3l�.Ie Li�,I,ts safety �rnpr�veme��ts • W�'sl 1 I�],n�pil, P�-at]•nIlu�g Il�vy l2 • TSD Cl,ttar�elnel,t - MN State Patrc�I S�ip��Ielnet,t tNc�]•ked Witf, Mr,I7� 1' to I-iti�l�� 1-:r,1�c�]�c�� C7ur We�'k - El,far�elnent Issue°s - Ga],'t et,�[)I'C�' Dtl3- L1'i,�' t}ttt tit tht} �rcablel„ safety imp�-�ovements 11/7/2017 f��LTt' J".Ilt�C11"l:l'III�IIf Ll��It'� • IVIi��7�e�IrDC}d �� — Steve Heaber"� • Safe � Sober• Cox�ferencc� • Kissimmee Flc}r*ida flue Lights Page 189 . 1 • Our Situation • Limited officers to do enforcement . Hard to see stop lights to confirm light was red. • Limited places to park for enforcement Vision issues • Infrequent reel Iight enforcement Blue Lights s M mks a fif W pr F....N A� a w,„="" -Mia-, 1 P � r m � � s �iO4" �tiu]��r II Pram � pw 11/7/2017 �II�71:ki�1g to ,get fhea�-� Page 192 of 216 7 • Mr�i]D1" en�inec�"s o�z fhe Hwy 72 �atety CoC�Iition were �a�'tllE'T"S C.or�i�e�ted til�ifh Signal T�esi,gt� Project Ma��aget"— CI1t•is Bosak • Coi�necteci wit}� )e1"�"y Kot�e��naclzer & Roger Peterson fol- 'rr�stalIatioi� Blu.� L�.ghts - 3 Intersecfi ons c�i1 H wy 1 Z • Hwy 12 / Faker Park Pd • Hwy 121 I�algreYi T2cI • Hv�fy 72 / County Lige I��d Each �-e5ented a u11i ue situ�fioY� for P �! e1lfOl"CE'I3iellf. 1 Hwv 121 Baker Park RLQ I � _ �p�� r c w , r�, •. Location - Location. - Location. . . Hwy 12 Halgren Rd. i, r Location - Location -- Location. . . 11/7/2017 Hwy 12 Cc�urlty Linc Road �C 477 7 a- 77-70 y_M �t YA . w iM aCp ... BrtRpf hC Q✓rkik" E�n I� L��atian - Locatio�.z - Location. . • 1VIakiIZ� thele usa��lc tDI- l��W �r�torC+�°I11��I1t il�stalled, We w�Ilt them used. • I'oXicc� — if We are gcrir�� tt� use teem, ire 11�c711t tj1�LI71 W�lel'L� vve W�I1t t11eIt1 D�si,gn Page 194 of 216 11/7/2017 CIZi°is Bcas��k— Met1�o Si�na1 T�esigi� Pt,oject Page 195 of 216 IUla�za�e�� • +C�me out tc� tize lo�:atieizs • Sei1t drawin;s of k11� cc�r�cept • r�"��ok feedback end i�ii7�li��d for i��4tall�trurl I�esi�n 10 11/7/2017 :. AW f.M U M = ;� �-t .�.. rxe,�• iuMt f` � fil MY�'. y ' y'•u.w. .w. A f4 4 �f.•7✓YI A541� Fi 9k41GM4 POAAI yul rvrvff t=x rx4 M rx4s .1 iE� r �x m a mm ml woo UK eau Page 196 of 216 11 1 • Sunple for officers to understand • Simple for court to understand • 'Visible for officers to see and capture on video • Daytime / nighttime visibility Hover to place the lights „41^Nuy �4 I C Kissimmee Florida 11/7/2017 Nebraska Page k �fi. Lou�S bounty, MN - Du lut�i 8 of 216 13 11/7/2017 Installation ..gym __ ltavr�svlll wrg�f �� „ l I Jill IlIII� I l IIII I� si 1 � II�, Page 199 of 216 14 11/7/2017 Fn I e 1 1B• . How ours work " r. 4 a , I--�ow ours work Page 200 . 11/7/2017 Y I Page 201 of 216 16 11/7/2017 I 12/09/2016 17 :-34- 03 MNrIX17 1'Waimmnnl I iglu RwoninlendLd if 61y ar t pldc huh ii a%Auble. J.�k-:IIII A}hl"twk.- s__-. J.Im-13,._..._..._.._._.._.PM�......�_�.. Iln.,•14M. RN-,tbalR•,%1'.x••. +I1k 1,1 tl.HJIM kn}%lwl4ddn Z" IM,xy%FF 1111 Wu4 kldb IN:YI IIJIyI WII kb lan Nry YI•Y•n II. \.a Al lbn umell:y IIIlk nrxAa pmllb,Igll Mle..Ec.I,uq xn malpM,InM ,- 1 :I Milts dle l>„Ip41t111ni.y.I•+w xJ Ik VNI'nd'r.N�knh.t Jl lhtlNrid I.71 n hoa &nt niJtyNFiF{wxd M\11411 nn.n:n rd Mapeawt,Inll.y l•thw.Fn ,I IIIih%0 BJ14n�F•dM1.n�.IM91 W ha•.M..udl.y if.:r.N �I MIIr nIl,plurm dr.r,dn+Ir.W I.n •I lanV n�n ndd x�4.mnnkd Ia:4 P'k IuF,i.,xp..kiYanli b.lynn h.wl Page 202 of 216 17 11/7/2017 • B1 ue Li�l�t5 i��5talle�,� L�pp2�aximately Ju�7e .1`' 207 G Page • Depart�a�ent stats - ��ed li�;l�t ticket:s • June 1 sr 2015 _Junc ]�r 20]G = 4(� tickets • June 7 of 201G — June ]5r X07 7 = 9G tickets . Jani�a�-y 7 s' 20�� -- Octt�ber 1�r X0'17 = 183 tickets Er�f�rcement • afticers like the technology}aecau5e its simile ax�cl clear • Tl7cy can e asi I y d o tl�e er7 rorce�ner7 t by t:l�emselves • C7fficer-sunderstand tl1�t it is a problea�� • It is air easy ticket to rnr7•ite • The public strangIy sup}�orts the enforc+�inent El�far�eme�zt 203 of 216 11.17/2017 021'.22/2017 16 � '�9 � Q8 w„ Page 204 of 216 19 F n "'• ;I ,�;,.08125/Z016 17 � 3� � 33 ,� 11/7/2017 08/0212817 18 � 33 � Op Page 205 of 216 20 r �T o � - sr2017 1 : 55 : 39 • 11/7/2017 Facehook page with videos i t.au 1 falsw A friers Wast Hennepin Publie Setery ••,4hrat are the bine I�Ma on the staplghts?••• 7ha blue Igtds are called con6rtttation a entorcemeM Ights.They allow an oflkar to fahly eMorce rod IipM runners.Ther blue IipMs ere mounted on the side of Vte 1raMe Ight piles arW indicate to an officer when dte IiyM toms red in a certain dirsction.t9ne a4f�ear can s�on the she road and knave exactly when the IipM toms rad and can watch to see if a ear enters the intersecfian allot the kpht has pane...See More k�ve•.tiroahibr.rom lk 3.345 people reached Like Q CammeM Share � ©V uairc s ttar,��aeon viecneafa 3;inners Ctmxweprcel tz snem Public Education vww�mon canmenh I 1 I � gt Rick Denneson f -.. .._,. xF 0 E Public Education Page 206 of 216 21 11/7/2017 5lar Trib�ul�A�-tieIi Police for red-light runners on Hwy. 12 Patience seems to be in short s,,ipply on a dangerous Public Safety are all about making the road safer. By 71. Eye Publie Edu�atian • T��e-y have L�eej1 a very effective — ��expe��sive e�-�forceme�lt tool that het useci a��rtost every day • Eveiz wheY� office��s aren`t present, they inti�nc�ate people. �a��clusiar� Page 207 of 216 11/7/2017 rel; Page 208 of 216 23 r w �a 08116/2 p��15 °15 5'S ' d 6 4' Oak Park Heights Request for Council Action Meeting Date August 28"'. 2018 Time Required: 5 Minutes Agenda Item Title: Approve Extension of Due Diligence Period for Madison_Hospitality Group to Nov. 15`x'. 2018. Agenda Placement New Business Originating Department/Requesto . ric J Cit Administrator Requester's Signature Action Requested A rove Ext e ion of Due Diligence Period for Madison Has italic Grou to N , 15'' 2018, Background/Justification (Plea indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo. Page 209 of 216 rz City of Oak Park Heights 14168 Oaf:Parr Bi,,d. N•Box 2007.Oak Park Heights,MN 35082•Phone(651)439-4439•Fax(651)439-0574 8128118 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Madison Hospitality Group—Holiday Inn Express—Timeline Extension to 11115/18 Dear Mayor and Council: Madison Hospitality Group MHG is seeking another extension to their Due Diligence Process(DDP) timelines moving the default date from 9115118 to a date of 11/15/2018. These initial dates and a prior extension to 9115118 stem from the Purchase agreement completed in August 2017 and which outlines the conveyance of the Property to MHG at a price of$875,000 with requirements that a hotel facility is constructed. We know that at this time, MHG has secured their City planning approvals, Variances/Conditional Use Permits and is working through the Brown's Creek Watershed District. MHG has submitted extensive engineering and application data to the Brown's Creek Watershed District and at this time is expected to be before such board in Mid-September 2018. Similar to other developments in the City, MHG is moving through the complicated BCWD rules and sort out drainage flow between a pond area on the NE section of the property versus, what will flow to the large Kern Center Pond. We can understand this can take some time. The enclosed document is the V Extension approved in April 2018;and an extension to Nov 151h, would be structured similarly between the City Attorney and MHG Counsel. The Council at this time has basically two options: 1. Provide an extension to the 11/15/18 and continue to work with the Buyer to complete the transaction as outlined in the Purchase Agreement. 2. Inform the Buyer that the City will not grant an extension,the Buyer will likely withdraw from the proposal. The Council would need to take a formal action to extend any dates. I would of course defer to Mark Vierling or Kevin Sandstrom if I have mis-stated any elements herein. Page 210 of 216 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT ("First Amendment")is effective as of this ice_day of '-' K112 2018,by and among the City of Oak Park Heights, a municipal political subdivision in the State of Minnesota ("Seller") and Madison Hospitality Group, LLC, a Minnesota limited liability company("Buyer"). RECITALS WHEREAS, the parties executed a Purchase and Sale Agreement dated August 29, 2017 (the "Agreement"); and WHEREAS, the paries desire to amend and modify the Agreement as provided for hereinafter. NOW, THEREFORE, for good and valuable consideration, the receipt of sufficienc , f V � which is hereby agreed and acknowledge by Seller and Buyer, the parties hereto agree to lend N�V- �� and modify the Agreement as follows: ZDlB I. Section 4.2 of the Agreement is amended and modified to provide o 1oows: 4.2. Due Diligence. Buyer will be allowed untilLe tember 15 20 8 the "Due Diligence Period"), to review the Due Diligence Documents, inspect the Property, perform such surveys, observations, soil borings, archeological and historical surveys, appraisals, tests and investigations as Buyer may reasonably deem appropriate, apply for all permits, conditional use permits, variances, building permits, licenses, assurances, and approvals as Buyer may reasonably deem appropriate for Buyer's intended use of the Property, determine whether Buyer's proposed construction on the Property can occur without the use of piling, extraordinary filling or other extraordinary land preparation steps, and otherwise satisfy itself regarding the condition, suitability and desirability of the Property for Buyer's intended purpose (collectively "Due Diligence"). If Buyer in its absolute and sole discretion is not satisfied with the Property or the results of its Due Diligence, Buyer may on or before the expiration of the Due Diligence Period terminate this Agreement by giving written notice to Seller. Upon such termination prior to the end of the Due Diligence Period, the Earnest Money and Additional Earnest Money will be returned to Buyer and neither party will have any further obligations under this Agreement, except those obligations that expressly survive such termination. In the event that Buyer terminates this Purchase Agreement for any reason, Buyer shall promptly return the Due Diligence Documents to Seller. 2. Section 4.3 of the Agreement is amended and modified to provide as follows: 4.3 Extension of Due Diligence Period_ The parties acknowledge that Buyer has paid the sum of$20,000 ("Additional Earnest Money") to the Title Company to extend the Due Diligence Period to September 15, 2018. All Earnest Money and Additional Earnest Money shall remain refundable to Buyer during the Due Page 211 of 216 Diligence Period, as extended, or as otherwise provided for in this Agreement, except as provided for in Section 11.1. 3. Except as amended and modified above, the parties ratify and confirm all other terms and provisions of the Agreement, IN WITNESS WHEREOF, Seller and Buyer have duly executed this .First Amendment as of the day and year first written above. SELLER: CITY-7 OA P RK H FIGHTS By Name inn MCCo,�P,r Title oe. Date signed: q9 -e 2018 BUYER: MADISON HOSPITALITY GROUP, LLC, a Minnesota limited liability comp By Name Title V Date signed: 2418 OUR DILE HO- 17-299fF-:VL0O CLIEN'rS117-290STJ Madison Hospitalit)Group, L[.C—Stillwater--Oak Park FleightsTurch& Sale Agr—First Amendment.docx 2 Page 212 of 216 Oak Park Heights Request for Council Action Meeting Date August 28, 2018 Agenda Item Citi- Offices \4ailim_, Add17ess Transition Plan Time Req. 5 Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Discussion and Possible Action Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). The City has purchased and installed a mail receptacle outside of City Hall to better facilitate mailing actions, to eliminate the need to send staff to the Stillwater Post Office twice daily to retrieve and send mail, and to reduce costs associated with renting a post office box. Staff is requesting the City Council review, edit as necessary, and approve the draft mailing address transition plan. Staff will take multiple measures to notify residents, vendors, agencies, and the public of the new mailing address and will keep the post office box for a sufficient amount of time to ensure all incoming mail is being received at the new receptacle. Products with the mailing address will be ordered over the course of the year eliminating the post office box number. Page 213 of 216 CITY OF OAK PARK HEIGHTS CITY OFFICES MAILING ADDRESS TRANSITION PLAN City of Oak Park Heights City Hall will be transitioning from using a post office box for incoming mail to using a mail receptacle located outside of City Hall at 14I68 Oak Park Boulevard North. The City will begin accepting mail at the receptacle September 1, 2018. The City will keep the existing post office box (PO Box 2007) for a period of one-year from September 1, 2018 to allow sufficient time to transition under the following plan: • Vendors will be notified through general correspondence: o Staff should add a line at the bottom of outgoing emails that reads, "Our mailing address has changed. Please update your records. We will no longer be using the post office box. Please send all mail to 14168 Oak Park Boulevard North, Oak Park Heights, NIN 55082. o Mailing address notification sheets on bri-ghtly colored paper should be added to outgoing mail. o The mailing address change will be posted on the City's website and Facebook. • Departments will order new products as current stock diminishes, but before the post office box is closed. o Letterhead o Envelopes o Address stamps o Business cards o Checks o Utility bill postcards Page 214 of 216 Oak Park Heights Request for Council Action Meeting Date Awust 28 2018 Time Required: 1 Minute Agenda Item Title: Approve Contract Amendment s - Ci Administrator Agenda Placement New Business Originating Department/Requestor: Eric Johnson City Administrator Requester's Signature: Action Requested: Approve Contract Amendments - City Administrator Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Current City Administrator contract expires on 12/31/19; authorize the following amendments (see items below)to the City Administrator's current contract and authorize the City Attorney to finalize and implement subject to the following: 1. Amend Contract Dates: Effective through 12/31/2022. 2. Wage Adjustments: 2020 0.0% 2021 0.5% 2022 2.0% This item could also be discussed following the planned closed session, and inserted as a place-holder. Page 215 of 216 THIS PAGE INTENTIONALLY LEFT BLANK Page 216 of 216