HomeMy WebLinkAbout09-25-2018 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, SEPTEMBER 25, 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.
6:05 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Worksession Notes— September 11, 2018 (pg. 5)
C. Approve City Council Minutes— September 11, 2018 (pg. 7)
D. Approve Tobacco License for Northern Tier Retail LLC dba SuperAmerica 95059
(pg. 13)
E. Approve Policy on Video Data— City Park Shelter Cameras (pg. 15)
F. Approve Redpath and Company Auditing Services for December 31, 2018 (pg.
19)
G. Approve Amendments to Community Award Policy (pg. 31)
6:05 p.m. V. Public Hearings
A. No Wake Zone Request— Sunnyside Marina(pg. 35)
6:30 p.m. VI. Old Business
6:30 p.m. VII. New Business
A. Conditional Use Permit—Detached Garage Addition— 5737 Peller Ave. (pg. 87)
B. ISD 834—Conditional Use Permit Amendment— Garage Placement 5701
Stillwater Blvd N. (pg. 111)
C. Metropolitan Airports Commission—Joint Airport Zoning Board(pg. 141)
6:40 p.m. VIII. Other Council Items or Announcements
Please mute or silence any cell phones,computers or other devices during meeting—Thank You.
Page 1 of 142
City Council Agenda
September 25,2018
Page 2
6:45 p.m. IX. Adjourn
Page 2 of 142
Oak Park Heights
Request for Council Action
Meeting Date September 25, 2018
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Administration/Jennifer Pinski
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 142
September 13, 2018
Danielle Koenig
14913 57th Street N
Oak Park Heights, MN 55082
Dear Ms. Koenig:
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, September 13, 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 Pinsk!
City Clerk
Page 4 of 142
*Oqq
Oak Park Heights
Request for Council Action
Meeting Date September 25, 2018
Agenda Item Approve City Council Worksession Notes— September 11, 2018
Time Req. n
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
4
Requester's signature r
Action Requested_ Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 5 of 142
CITY OF OAK PARK HEIGHTS
CITY COUNCIL WORKSESSION NOTES
TUESDAY,SEPTEMBER 11,2018
Present: Mayor McComber, Councilmembers Dougherty, Liljegren, Runk, and Swenson; City
Administrator Johnson; City Attorney Sandstrom; Finance Director Caruso; and City Clerk Pinski.
1. Call to Order: Mayor McComber called the meeting to order at 5:30 p.m.
2. 2019 Budget Discussion: Finance Director Caruso reviewed a memo on budget changes. She
also said she was proposing calling the 2009 bonds at the City Council meeting. Councilmember
Swenson suggested the City get a release signed by MCES regarding the refund. Caruso also
suggested uses for the fund balances.
No action was taken.
3. Adjourn: The meeting was adjourned at 5:52 p.m.
Page 6 of 142
ITA
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Oak Park Heights
Request for Council Action
Meeting Date September 25, 2018
Agenda Item Approve Ci Council Minutes—September 11, 2018
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
_ �-,-W�
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 7 of 142
CITY OF OAK PARK HEIGHTS
TUESDAY, SEPTEMBER 11, 2018
CITY COUNCIL MEETING MINUTES
L Call to Order/Pledte of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty,
Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City
Clerk Pinski, City Attorney Sandstrom, Finance Director Caruso, and City
Engineer Mann. Absent: City Planner Richards.
Councilmember Runk, seconded by Councilmember Liljegren, moved to approve
the Agenda. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported she went to the Xcel Energy King Plant
50th Anniversary Celebration on September 6; she attended a meeting at
Washington County with Finance Director Caruso, City Administrator
Johnson, and Xcel Energy regarding taxation on September 10; she
attended the Integrated Resource Plan meeting with Xcel Energy and the
Public Utilities Commission on September 10; she attended the
Transportation Network Companies meeting on September 11; she would
be attending the LMC Board of Directors Strategic Planning Retreat that
week; she had a leadership breakfast meeting scheduled for September 17;
she would be attending the Improving Local Economies Committee
meeting at the League and the World's Best Workforce with the School
District on September 18; Serving Our Troops was looking for volunteers
for the send-off of soldiers at the RiverCentre on September 20; she
announced Stillwater Pony Homecoming week activities; she announced
the LMC Mayor for a Day contest on the City's website; she reported the
Bayport Fire Department would be hosting an open house on October 6
for Fire Prevention Week; and she reported Clean-up Day was scheduled
for September 29 from 7:30 a.m. to 1:00 p.m.
B. Councilmember Dou _gherty: He reported he attended the King Plant ribbon
cutting on September 6, and the Planning Commission's next meeting was
set for September 13.
C. Councilmember Liljegren: He reported the next Parks Commission
meeting scheduled for September 17 may be cancelled.
D. Councilmember Runk: He reported that he would be attending the CVB
meeting on September 12 and the Middle St. Croix Watershed
Management Organization meeting on September 13. He also said he
would be attending the Brown's Creek Watershed meeting as an observer.
E. Councilmember Swenson: He reported that the last meeting of the Cable
Commission was scheduled for September 17. He suggested
Page 8 of 142
City Council Meeting Minutes
September 11, 2018
Page 2 of 4
Councilmember Runk be the Cable Commission Liaison in the future and
that he should attend the next meeting.
F. Staff: None
III. Visitors/Public Comment: None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Worksession Notes —August 28, 2018
C. Approve City Council Minutes —August 28, 2018
D. Approve Refund to Sewer Utility Customers for the MCES Overcharge
for 2018
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:
A. Consider Issuance of an On-Sale Intoxicating Liquor License Including
Sunday Sales for Muddy Cow Oak Park Heights LLC dba Mudd:
Mayor McComber opened the Public Hearing. No written or public
comments were received. Councilmember Swenson, seconded by
Councilmember Liljegren, moved to close the Public Hearing. Carried 5-
0.
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to approve the issuance of the license. Carried 5-0.
VI. Old Business: None
VII. New Business:
A. Approve Resolution Authorizing the Call of the General Obligation
Improvement Bonds of 2009: Finance Director Caruso recommended the
call of the bonds. Councilmember Runk, seconded by Councilmember
Liljegren, moved to approve the Resolution calling the bonds. Roll call
vote taken. Carried 5-0.
B. Adopt Resolution Approving 2019 Proposed Budget and Proposed Tax
Levies: Finance Director Caruso provided a presentation on the proposed
budget and tax levies. She reported the total budget was $5,824,722.
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to approve the Resolution. Roll call vote taken. Carried 5-0.
Page 9 of 142
City Council Meeting Minutes
September 11, 2018
Page 3 of 4
C. Schedule Public Comment/Hearing Meeting for Truth in Taxation:
Councilmember Runk, seconded by Councilmember Liljegren, moved to
set the Truth in Taxation Hearing for December 11, 2018 at 6:00 p.m.
Carried 5-0.
D. Lookout Trail—MOU: City Administrator Johnson reported that one of
the goals of the City Council was to encourage MNDOT to reconstruct
Lookout Trail in exchange that the City would take over the road with the
condition that a trail be installed the full length of the road. He said an
MOU was drafted to set a framework in place in the event funding would
become available for the reconstruction. He said the agreement in the
MOU would be non-binding until a formal agreement was done. Johnson
said staff was recommending the City Council work with the City
Engineer first to determine what the costs would be to rebuild that
roadway. City Engineer Mann reviewed his proposal for engineering
services.
David Beaudet, 6400 Lookout Trail, was present at the meeting and stated
that Lookout Trail was an original 1932 highway and had substantial
storm sewer investment by the State of Minnesota which was likely close
to $300,000 and not included in the cost estimate. He said if the City
looked at the 1995 agreement with MNDOT it said they would reconstruct
and build the trail without a City turnback requirement. Beaudet
encouraged the City Council to have a neighborhood meeting; there were
only eight assessable parcels on the road. He also said there was an
unrecorded easement between his parcel and his brother's that had piping
in for collecting water in the old original ravine. He also said that the
agreement did not specify that it would be maintained as a nine-ton road
as it was an original highway, and there was a business on that road that
received truckloads of granite. City Administrator Johnson said that
Stantec's proposal was a mini-feasibility study to understand all the issues
and costs.
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to go forward with Stantec's proposal and to schedule a
neighborhood meeting after the feasibility study. Carried 5-0.
E. Community Award—Tim Nolde: Mayor McComber suggested changes to
the policy relating to the presentation of the award and the need for a
review committee. Councilmember Swenson, seconded by
Councilmember Liljegren, moved to make changes to the policy. Carried
5-0.
Page 10 of 142
City Council Meeting Minutes
September 11, 2018
Page 4of4
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to nominate Tim Nolde for the award. Carried 5-0. The award
would be presented at the next City Council meeting.
VIII. Other Council Items or Announcements: None
IX. Adiourn: Councilmember Swenson, seconded by Councilmember Dougherty,
moved to adjourn at 6:34 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
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Oak Park Heights
Request for Council Action
Meeting Date September 25, 2018
Agenda Item Approve Tobacco License for Northern Tier Retail LLC dba Su erAmerica#5059
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Northern Tier Retail LLC dba SuperAmerica#5059, located at 14493 601h Street North in the
City of Oak Park Heights, has applied for a License to Sell Tobacco, Tobacco Produces, and
Tobacco Related Devices. The application and supporting documentation have been received
and reviewed by the City Attorney's office. I am requesting approval of the license. An
application for license to sell 3.2 beer has also been received and requires a public hearing,
which will take place at an upcoming City Council meeting once the investigation has been
completed.
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Oak Park Heights
Request for Council Action
Meeting Date September 25t` 2018
Time Required: 1 Minute
Agenda Item Title: Approve Policy_ on Video Data—City Park Shelter Cameras
Agenda Placement Consent Aggenda
/Jbhnson,
Originating Department/Requesto Edi iV Administrator
Requester's Signature
Action Requested A veolic on Video Data—CiV Park Shelter Cameras
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
The establishment of a clear policy on how the City may manage data at the new video camera systems at
the City parks(Cover and Valley View)is of value;outlining how and when it is collected and how it
may be accessed by the public if desired.
Please see the proposed policy that clarifies how the City may attain,access and store data collected from
the video cameras at Cover and Valley View Parks.
Page 15 of 142
E"
CITY OF OAK PARK HEIGHTS
POLICY RELATED TO THE COLLECTION AND RELEASE OF VIDEO
DATA FROM CITY PARK SHELTER CAMERAS
PURPOSES:
The purpose of this policy is to provide guidelines for the use of security cameras that may be placed in
City Parks and/or utilized by the City in a way that enhances security while respecting the reasonable
privacy expectations of members of the City's community. Further, the purposes of utilizing security
cameras in public areas is to deter crime and to assist law enforcement in enhancing the safety of members
of the community and protect City property. The use of security cameras in City Parks will be to record
video images for use by law enforcement and other City officials charged with investigating alleged
violations of law or City policies
OPERATIONS AND PUBLIC DATA:
The City may install and or operate general perimeter security cameras at City park facilities for the
purposes of additional site security subject to the following parameters:
1. The City anticipates that it will not regularly review any footage taken from such sites unless
conditions or other public purposes warrant.Video data collected will loop and overwrite expiring data on
a regular basis and may be retrieved and stored in the event of reasonable public need to view and
separately retain such data.
2. The City anticipates that such footage, if retrieved, would be subject to and made public as
required by Minnesota Data Practices Act. Requestors of such data may be required to provide all the
expected cost for the data processing and copying requested at the time the request is made.
3. Other than as required by law for subjects of the data or in conformance with criminal prosecution
disclosure rules; all requests for video/data that may be released under MGDPA will be charged actual
costs of employee time for retrieval,redaction review and redaction,processing,and data storage media.
4. The existence of this policy does not imply or guarantee that security cameras will be monitored
in real time, continuously or otherwise.
5. City park lands and facilities are public spaces.
SECURITY CAMERA MONITORING AND REVIEW:
1. The City Police may monitor and review security camera feeds and recordings as needed to support
investigations and to enhance public safety. It is not intended or expected that security cameras will be
routinely monitored in real time.
2. Monitoring individuals based on characteristics of race, gender, ethnicity, sexual orientation,
disability, or other protected classification is prohibited.
Page 16 of 142
NOTIFICATION REQUIREMENTS:
Except in emergency or investigative situations, all locations with security cameras will have signs
displayed that provide reasonable notification of the presence of security cameras. The placement of the
signs and the text on the signs will be subject to the approval of the Chief of Police. Notification signs
shall be placed in conspicuous areas in close proximity to the security cameras.
USE OF RECORDINGS:
Security recordings shall be used for the purposes of enhancing public safety,discouraging theft and other
criminal activities, and investigating incidents. However, the City may utilize routine security camera
recordings in support of disciplinary proceedings or other proceeding involving person(s)whose activities
are shown on the recording and directly relate to the proceeding.
PROTECTION AND RETENTION OF SECURITY CAMERA RECORDINGS
Video footage,if downloaded from a remote site,shall be stored on City servers and accorded appropriate
computer security with access by authorized personnel only. Any retention period, if downloaded from
the remote site onto City servers,shall follow statutory requirements and may be extended at the direction
of the City's general counsel or the Chief of Police or as required by law.
REVIEW OF POLICY:
This policy may be reviewed and revised as necessary by the City Council.
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Oak Park Heights
Request for Council Action
Meeting Date: September 25, 2018
Agenda Item Title Approve Redpath and Company, Auditing Services for December
31, 2018 Time Required 1 min
Agenda Placement Consent
Originating Department/Requestor Finance-Betty Caruso Finance Director
Requester's Signature 62n�
Action Requested Approve audittniz services contract with Redpath and Company.
For December 31 2018.
Background/Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
I have received the standard engagement letter for auditing services for the year
ending December 31, 2018, from Redpath and Company.
Redpath and Company is proposing a $200 increase in fees for completing the audit
for 2018, a total contract of$39,900. This fee is split between the General Fund,
Water Utility Fund, and Sewer Utility Fund.
Additional fees of approximately $1500 will be incurred due to the assistance of
Redpath in the calculations of the GASB 68, Accounting and Financial Reporting for
Pensions.
Redpath and Company are very experienced with the City and its finance
operations. This is so beneficial to staff as it requires less interruptions and
disturbances of our records.
The auditors are scheduled as usual to begin the audit in March and should issue
the report in April.
T recommend to approve this contract with Redpath and Company, the consistency
of the high level of service they provide is a benefit to both council and staff.
Page 19 of 142
f F
REd .
A N D M `" n. N Y
September 17, 2018
City of Oak Park Heights
14168 Oak Park Boulevard
P.O. Box 2007
Oak Park Heights, MN 55082-2007
We are pleased to confirm our understanding of the services we are to provide the City of
Oak Park Heights, Minnesota (the City) for the year ending December 31, 2018. The scope
of services includes the following:
Audit and Related Services
• We will audit the financial statements of the governmental activities, the business-
type activities, the aggregate discretely presented components units, each major fund,
and the aggregate remaining fund information, including the related notes to the
financial statements, which collectively comprise the basic financial statements of the
City of Oak Park Heights, Minnesota as of and for the year ending December 31,
2018. Accounting standards generally accepted in the United States of America
provide for certain required supplementary information(RSI), such as management's
discussion and analysis (MD&A), to supplement the City's basic financial statements.
Such information, although not a part of the basic financial statements, is required by
the Governmental Accounting Standards Board who considers it to be an essential
part of financial reporting for placing the basic financial statements in an appropriate
operational, economic, or historical context. As part of our engagement, we will
apply certain limited procedures to the City's RSI in accordance with auditing
standards generally accepted in the United States of America. These limited
procedures will consist of inquiries of management regarding the methods of
preparing the information and comparing the information for consistency with
management's responses to our inquiries, the basic financial statements, and other
knowledge we obtained during our audit of the basic financial statements. We will
not express an opinion or provide any assurance on the information because the
limited procedures do not provide us with sufficient evidence to express an opinion or
provide any assurance. The following RSI is required by generally accepted
accounting principles and will be subjected to certain limited procedures, but will not
be audited:
1. Management's discussion and analysis
2. Budgetary comparison schedules presented as RSI
3. Pension Related RSI (GASB 68)
2897918 4810 White Bear Parkway, St. Paul, MN 55110 651.426.7000 www.redpathcpas.com
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City of Oak Park Heights
Contract for Auditing Services
Page 2
We have also been engaged to report on supplementary information other than RSI
that accompanies the City's financial statements. We will subject the following
supplementary information to the auditing procedures applied in our audit of the
financial statements and certain additional procedures, including comparing and
reconciling such information directly to the underlying accounting and other records
used to prepare the financial statements or to the financial statements themselves, and
other additional procedures in accordance with auditing standards generally accepted
in the United States of America and will provide an opinion on it in relation to the
financial statements as a whole in a report combined with our auditors report on the
financial statements:
1. Combining and Individual Fund Statements and Schedules
The following other information accompanying the financial statements will not be
subjected to the auditing procedures applied in our audit of the financial statements,
and our auditor's report will not provide an opinion or any assurance on that other
information:
o Introductory section
o Statistical section
The following other reports will be issued in conjunction with the financial audit:
State Legal Compliance Audit
Nonaudit Services
• Preparation of draft financial statements document.
• Copying and binding of financial statement document.
Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial
statements are fairly presented, in all material respects, in conformity with U.S. generally
accepted accounting principles and to report on the fairness of the supplementary information
referred to in the second paragraph when considered in relation to the financial statements as
a whole. Our audit will be conducted in accordance with auditing standards generally
accepted in the United States of America and the standards for financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States, and
the minimum procedures for auditors as prescribed by MS 6.65, and will include tests of the
accounting records of the City and other procedures we consider necessary to enable us to
express such opinions. We will issue a written report upon completion of our audit of the
City's financial statements. Our report will be addressed to the Honorable Mayor and
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City of Oak Park Heights
Contract for Auditing Services
Page 3
Members of the City Council of the City of Oak Park Heights, Minnesota. We cannot
provide assurance that unmodified opinions will be expressed. Circumstances may arise in
which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter
paragraphs. If our opinions on the financial statements are other than unmodified, we will
discuss the reasons with you in advance. If, for any reason, we are unable to complete the
audit or are unable to form or have not formed opinions, we may decline to express opinions
or issue reports, or may withdraw from this engagement.
We will also provide a report (that does not include an opinion) on internal control
related to the financial statements and compliance with the provisions of laws, regulations,
contracts, and grant agreements, noncompliance with which could have a material effect on
the financial statements as required by Government Auditing Standards. The report on
internal control and on compliance and other matters will include a paragraph that states (1)
that the purpose of the report is solely to describe the scope of testing of internal control and
compliance, and the result of that testing, and not to provide an opinion on the effectiveness
of the entity's internal control on compliance, and (2)that the report is an integral part of an
audit performed in accordance with Government Auditing Standards in considering the
entity's internal control and compliance. The paragraph will also state that the report is not
suitable for any other purpose. If during our audit we become aware that the City is subject
to an audit requirement that is not encompassed in the terms of this engagement, we will
communicate to management and those charged with governance that an audit in accordance
with U.S. generally accepted auditing standards and the standards for financial audits
contained in Government Auditing Standards may not satisfy the relevant legal, regulatory,
or contractual requirements.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements; therefore, our audit will involve judgment about the
number of transactions to be examined and the areas to be tested. An audit also includes
evaluating the appropriateness of accounting policies used and the reasonableness of
significant accounting estimates made by management, as well as evaluating the overall
presentation of the financial statements. We will plan and perform the audit to obtain
reasonable rather than absolute assurance about whether the financial statements are free of
material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3)
misappropriation of assets, or(4) violations of laws or governmental regulations that are
attributable to the entity or to acts by management or employees acting on behalf of the
entity. Because the determination of abuse is subjective, Government Auditing Standards do
not expect auditors to provide reasonable assurance of detecting abuse.
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City of Oak Park Heights
Contract for Auditing Services
Page 4
Because of the inherent limitations of an audit, combined with the inherent limitations of
internal control, and because we will not perform a detailed examination of all transactions,
there is a risk that material misstatements may exist and not be detected by us, even though
the audit is properly planned and performed in accordance with U.S. generally accepted
auditing standards and Government Auditing Standards. In addition, an audit is not designed
to detect immaterial misstatements or violations of laws or governmental regulations that do
not have a direct and material effect on the financial statements. However, we will inform
the appropriate level of management of any material errors, any fraudulent financial
reporting, or misappropriation of assets that come to our attention. We will also inform the
appropriate level of management of any violations of laws or governmental regulations that
come to our attention, unless clearly inconsequential,and of any material abuse that comes to
our attention. Our responsibility as auditors is limited to the period covered by our audit and
does not extend to later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories, and
direct confirmation of receivables and certain other assets and liabilities by correspondence
with selected individuals, funding sources, creditors, and financial institutions. We may
request written representations from your attorneys as part of the engagement, and they may
bill you for responding to this inquiry. At the conclusion of our audit, we will require certain
written representations from you about the financial statements; compliance with laws,
regulations, contracts, and grant agreements; and other responsibilities required by generally
accepted auditing standards.
Audit Procedures--Internal Controls
Our audit will include obtaining an understanding of the entity and its environment,
including internal control, sufficient to assess the risks of material misstatement of the
financial statements and to design the nature,timing, and extent of Ruther audit procedures.
Tests of controls may be performed to test the effectiveness of certain controls that we
consider relevant to preventing and detecting errors and fraud that are material to the
financial statements and to preventing and detecting misstatements resulting from illegal acts
and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed, will be less in scope than would be necessary to render
an opinion on internal control and, accordingly, no opinion will be expressed in our report on
internal control issued pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies or material weaknesses. Accordingly, we will express no such opinion.
However, during the audit, we will communicate to management and those charged with
governance internal control related matters that are required to be communicated under
AICPA professional standards and Government Auditing Standards.
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City of Oak Park Heights
Contract for Auditing Services
Page 5
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free
of material misstatement, we will perform tests of the City's compliance with the provisions
of applicable laws, regulations, contracts, agreements, and grants. However, the objective of
our audit will not be to provide an opinion on overall compliance and we will not express
such an opinion in our report on compliance issued pursuant to Government Auditing
Standards.
The Minnesota Legal Compliance Audit Guide for Cities requires that we test whether
the auditee has complied with certain provisions of Minnesota Statutes. Our audit will
include such test of the accounting records and other procedures as we consider necessary in
the circumstances.
Other Services
We will also assist in preparing the financial statements and related notes of City's in
conformity with U.S. generally accepted accounting principles based on information
provided by you. These nonaudit services do not constitute an audit under Government
Auditing Standards and such services will not be conducted in accordance with Government
Auditing standards. We will perform the services in accordance with applicable professional
standards. The other services are limited to the financial statement services previously
defined. We, in our sole professional judgment, reserve the right to refuse to perform any
procedure or take any action that could be construed as assuming management
responsibilities.
Management Responsibilities
Management is responsible for designing, implementing, establishing, and maintaining
effective internal controls, relevant to the preparation and fair presentation of financial
statements that are free from material misstatements, whether due to fraud or error, including
evaluating and monitoring ongoing activities, to help ensure that appropriate goals and
objectives are met; following laws and regulations; and ensuring that management is reliable
and financial information is reliable and properly reported. Management is also responsible
for implementing systems designed to achieve compliance with applicable laws, regulations,
contracts, and grant agreements. You are also responsible for the selection and application of
accounting principles, for the preparation and fair presentation of the financial statements in
conformity with U.S. generally accepted accounting principles, and for compliance with
applicable laws and regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information
available to and for the accuracy and completeness of that information. You are also
responsible for providing us with(1) access to all information of which you are aware that is
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City of Oak Park Heights
Contract for Auditing Services
Page 6
relevant to the preparation and fair presentation of the financial statements, (2) additional
information that we may request for the purpose of the audit, and(3) unrestricted access to
persons within the government from whom we determine it necessary to obtain audit
evidence.
Your responsibilities include adjusting the financial statements to correct material
misstatements and for confirming to us in the written representation letter that the effects of
any uncorrected misstatements aggregated by us during the current engagement and
pertaining to the latest period presented are immaterial, both individually and in the
aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to
prevent and detect fraud, and for informing us about all known or suspected fraud affecting
the government involving (1)management, (2) employees who have significant roles in
internal control, and (3) others where the fraud could have a material effect on the financial
statements. Your responsibilities include informing us of your knowledge of any allegations
of fraud or suspected fraud affecting the government received in communications from
employees, former employees, grantors, regulators, or others. In addition, you are
responsible for identifying and ensuring that the entity complies with applicable laws,
regulations, contracts, agreements, and grants and for taking timely and appropriate steps to
remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant
agreements, or abuse that we report.
You are responsible for the preparation of the supplementary information in conformity
with U.S. generally accepted accounting principles. You agree to include our report on the
supplementary information in any document that contains and indicates that we have reported
on the supplementary information. You also agree to include the audited financial statements
with any presentation of the supplementary information that includes our report thereon.
Your responsibilities include acknowledging to us in the written representation letter that(1)
you are responsible for presentation of the supplementary information in accordance with
GAAP; (2) you believe the supplementary information, including its form and content, is
fairly presented in accordance with GAAP; (3) the methods of measurement or presentation
have not changed from those used in the prior period (or, if they have changed,the reasons
for such changes); and(4) you have disclosed to us any significant assumptions or
interpretations underlying the measurement or presentation of the supplementary
information.
Management is responsible for establishing and maintaining a process for tracking the
status of audit findings and recommendations. Management is also responsible for
identifying for us previous financial audits, attestation engagements, performance audits or
other studies related to the objectives discussed in the Audit Objectives section of this letter.
2897918
Page 25 of 142
City of Oak Park Heights
Contract for Auditing Services
Page 7
This responsibility includes relaying to us corrective actions taken to address significant
findings and recommendations resulting from those audits, attestation engagements,
performance audits, or other studies. You are also responsible for providing management's
views on our current findings, conclusions, and recommendations, as well as your planned
corrective actions, for the report, and for the timing and format for providing that
information.
With regard to the electronic dissemination of audited financial statements, including
financial statements published electronically on your website, you understand that electronic
sites are a means to distribute information and,therefore, we are not required to read the
information contained in these sites or to consider the consistency of other information in the
electronic site with the original document.
You agree to assume all management responsibilities relating to the financial statements
and related notes and any other nonaudit services we provide. You will be required to
acknowledge in the management representation letter our assistance with preparation of the
financial statements and related notes that you have reviewed and approved the financial
statements and related notes prior to their issuance and have accepted responsibility for them.
Further, you agree to oversee the nonaudit services by designating an individual,preferably
from senior management, with suitable skill, knowledge, or experience; evaluate the
adequacy and results of those services; and accept responsibility for them.
Engagement Administration, Fees and Other
We may from time to time, and depending on the circumstances, use third-party service
providers in serving your account. We may share confidential information about you with
these service providers, but remain committed to maintaining the confidentiality and security
of your information. Accordingly, we maintain internal policies, procedures, and safeguards
to protect the confidentiality of your personal information. In addition, we will secure
confidentiality agreements with all service providers to maintain the confidentiality of your
information and we will take reasonable precautions to determine that they have appropriate
procedures in place to prevent the unauthorized release of your confidential information to
others. In the event that we are unable to secure an appropriate confidentiality agreement,
you will be asked to provide your consent prior to the sharing of your confidential
information with the third-party service provider. Furthermore, we will remain responsible
for the work provided by any such third-party service providers.
We understand that your employees will prepare all cash or other confirmations we
request and will locate any documents selected by us for testing.
We will provide copies of our reports to the City, however, management is responsible
for distribution of the reports and the financial statements. Unless restricted by law or
2897918
Page 26 of 142
City of Oak Park Heights
Contract for Auditing Services
Page 8
regulation, or containing privileged and confidential information, copies of our reports are to
be made available for public inspection.
The audit documentation for this engagement is the property of Redpath and Company,
Ltd. and constitutes confidential information. However, subject to applicable laws and
regulations, audit documentation and appropriate individuals will be made available upon
request and in a timely manner to a federal agency providing direct or indirect funding, or the
U.S. Government Accountability Office for purposes of a quality review of the audit,to
resolve audit findings, or to carry out oversight responsibilities. We will notify you of any
such request. If requested, access to such audit documentation will be provided under the
supervision of Redpath and Company, Ltd. personnel. Furthermore, upon request, we may
provide copies of selected audit documentation to the aforementioned parties. These parties
may intend, or decide, to distribute the copies or information contained therein to others,
including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five
years after the report release date or for any additional period requested by the federal
agency. If we are aware that a federal awarding agency or auditee is contesting an audit
finding, we will contact the party(ies) contesting the audit finding for guidance prior to
destroying the audit documentation.
We expect to begin our audit in April and to issue our reports no later than June 30, 2019.
David J. Mol, CPA is the engagement partner and is responsible for supervising the
engagement and signing the report.
Our standard hourly rates vary according to the degree of responsibility involved and the
experience level of the personnel assigned to your audit. Our invoices for these fees will be
rendered each month as work progresses and are payable on presentation. Unless additional
work is requested, or circumstances require additional work, we estimate the basic audit fees
will be $39,900.
The above fee is based on the anticipated scope of services and the completion of
accurate special assessment work papers by City personnel. An increase in the scope of
service will necessitate an addendum(change order)to this agreement. Examples of items
that may result in an increase in the scope of service include additional audit procedures
resulting from certain accounting issues or events, significant change in the level of
activity/number of transactions, if there is an indication of misappropriation or misuse of
public funds, or difficulties encountered due to lack of accounting records, incomplete
records, inaccurate records or turnover in the City's staff.
2897918
Page 27 of 142
City of Oak Park Heights
Contract for Auditing Services
Page 9
We appreciate the opportunity to be of service to the City of Oak Park Heights,
Minnesota and believe this letter accurately summarizes the significant terms of our
engagement. If you have any questions, please let us know. If you agree with the terms of
our engagement as described in this letter, please sign the enclosed copy and return it to us.
Sincerely,
REDPATH AND COMPANY, LTD.
i�urzr�--
David J. Mol, CPA
2897918
Page 28 of 142
City of Oak Park Heights
Contract for Auditing Services
Page 10
o n s E:
I w�i Wk ib::e correctly sets forth the understanding of the City of Oak Park Heights,
Minnesota:
Management signature: Governance signature:
' Title:
Date:
Nonaudit Services
The employee(s) assigned to oversee the nonaudit services is as follows:
❑ Finance Director
❑ ❑ Other employee (name and title)
2897918
Page 29 of 142
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Page 30 of 142
Oak Park Heights
Request for Council Action
Meeting Date September 25th, 2018 _.
Time Required: 1 minute
Agenda Item Title: Community A Pc endments
Agenda Placement Consentenda
Originating Depart nent/R uestor• c on. CLty Administrator
Requester's Signature
Action Requested Approve endments to Communi
&Award Policy.
Background/Justification(PI a indicate if any previous action has been taken or if other public
bodies have advised):
The Council discussed the possibility of amending its policy/procedure regarding the awarding of
a Community Award so that it is more open-ended and so that City Council could more easily
show its appreciation when it believes it is warranted.
The attached document would replace any prior process or policy.
Enclosed is a REDLINE version of the current Policy and a Final Proposed.
Page 31 of 142
r,
4
CITY OF OAK PARK HEIGHTS
COMMUNITY AWARD POLICY
I. Guidelines and Purpose
Oak Park Heights residents and local businesses are eligible for consideration by the City
Council of a Community Award. The purpose of the Community Award is to recognize
individuals or local businesses who have made an identifiable, consistent, engaged and
positive impact on the community. Contributions to the community need not have been
within a certain time period.
II. Nominations
The nominator need not be a resident of the City of Oak Park Heights; however, the
nominee must be an Oak Park Heights resident or an owner, manager, or employee of a
business located in Oak Park Heights.
Ill. Procedure
For consideration of the Community Award, applicants must complete the nomination
form as provided by the City and supply any requested supporting documentation. The
entry must be submitted in hard copy or pdf. via email.
IV_ Award Selection
Nominations received by the City will be reviewed by the Council as the Council deems
reasonable and the Council will determine if such Award is warranted and meets the
established criteria.
V. Award Presentation
Following a City Council determination,the Award winner will be notified by City Staff.
The Award winner will receive a plaque and recognition at the next reasonably available
City Council meeting.Details of the event will be provided to the Award winner prior to
the event.The Award winner need not be present at the event.If the Award winner cannot
be at the event, the plaque will be mailed to the Award winner the week following the
event. Photographs may be taken at the event, and the photographs may appear in the
City's newsletter or on the City's website and/or Facebook page.
Page 32 of 142
CiiiiWYYii
• Guidelines_and Purpose
0 Oak PadE Heights Residents and leeal businesses a., eligible for-eansidefation4
• Nominations
presented es" +the-`��>>, ., 1 D .a. aL n � The nominator need not
r •
be a resident of the City of Oak Park Heights; however, the nominee must be an Oak
Park Heights resident or an owner, manager, or employee of a business located in Oak
Park Heights.
ri
nerd not have been widga a ee..W.. time _d
• Procedure
o For consideration of the Community Award, applicants must complete the
nomination form as provided by the City and supply "any requestedaftae thesupporting documentation by the deadline. The entry must be submitted in hard
copy or pdt. via email by mai! of inpefsen. N a mailed efAdes •„
• Wi-nneAwardr Selection
.`ew eeffi—M.&K—ee v411 be appein4ed by the C-ity Eo#teih All-N- Rominations
received by the City-deadline will be reviewed.,iW" ,-re by the eemmittee,
the Council as the Council deems reasonable and the Council will determine if
such Award is warranted and meets the established criteria.- ^a a
the e&efia. fflner-,Mll be seleeted based en best M eh to
• Award Presentation
o (Council determination tTb Aaward winner will be notified--by
the end of Augustby City Staff. The Aaward winner will receive a plaque and
recognition at the next reasonably available City Council me4HJI-V,,WIlFil&� "
rmsented by the mayei! at the G4yis puty in the I Mac W-hieh is 11@10 *Ie
fi""+Sunday aft"N Labor - Details of the event will be provided to the ward
winner prior to the event. The ward winner need not be present at the event. if
the " ward winner cannot beat the event,the plaque will be mailed to the ward
winner the week following the event.Photographs may be taken at the event,and
the photographs may appear in the City's newsletter or on the City's website
and/or Facebook page.
Page 33 of 142
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Page 34 of 142
Oak Park Heights
Request for Council Action
Meeting Date_September 25'h.2018
Time Required: 30 Minutes
Agenda Item Title: NO WAKE Zone Request—Sunnyside Marina
Agenda Placement Public Hearing/Old Business
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):
PLEASE SEE THE ENCLOSED MEMO
Page 35 of 142
r
City Of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
9/21/18
MEMO
TO: Mayor and City Council members
444—
FROM: Eric Johnson, City Administrator
RE: NO WAKE ZONE
Background:
The City has received the enclosed
request from Sunnyside Marina —
received 8/8/18 — seeking the City's
support for the establishment of a NO
WAKE ZONE; on the St. Croix River-to
be located north of the St. Croix River
Crossing to a point perpendicular to the Sunnyside Marina
northern boundary limit of the Sunnyside
Marina. (Image below); they cite issues
of people being "tossed around" inside 8z
3B
their boats and concerns about fueling.
On August 28th, the City Council V
scheduled a public hearing for
September 251h, 2018 to take input on ir
xa
the NO WAKE zone request 6 PM.
PROCESS:
We understand that the Sunnyside Marina may be under the understanding that in order for this
matter to begin to receive some form of public hearing to establish such rules at the State level,
that a local unit of government must initiate that request which then moves the dialogue onto other
units of government including impacted Counties and or possible the Lower St. Croix River
Commission. Presumably this is consistent with MN RULE 8613.205 (9). (Statute Enclosed)
As City Staff understands such law,procedurally,the City may only request that the DNR establish
such NO WAKE ZONE as outlined in—enclosed as opposed to having the authority to establish
and enforce it directly (Obviously). Thereafter the DNR must follow such protocols including
securing approval of the majority of any counties that fall within such area. DNR Staff has also
indicated that it may require action on the part of Wisconsin DNR and/or St. Croix County.
Page 36 of 142
However,this rule is not the only method by which the State may proceed...
Alternatively, we know that the area in question lies within the Lower St. Croix National Scenic
Riverway and is subject to the Cooperative Agreement executed between the State of Minnesota,
State of Wisconsin and the National Park Service in 1973.This Agreement spawned the Lower St.
Croix Riverway Commission—consisting of three representatives—one from each signatory, and
essentially, as explained by Keith Parker of the MN — DNR — generally has the.exclusive
jurisdiction over such waters.
Meaning... this Commission could make its own findings, hold its own proceedings and/or react,
respond to any petitioner—including each individual DNR—to engage such as question about a
NO WAKE ZONE.
Moreover the 2002—20 -year Management Plan provides that guidance about NO WAKE Zones
for which they again MUST follow.
RECOMWNDATION
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. City Staff would expect comments to be similar in scope and that would
highlight both the pro and con of such establishment with equal validity.
However, to simply take a position on a NO WAKE ZONE without deep background and
information and simply to enable a process by the State of Minnesota under Rule 86B2.05(9)
would appear to be premature.
Further, despite any positions the City take on the matter,the Lower St. Croix River Commission
is the key entity that is required to render any decision, and which may enter into any dialogue
they desire—with or without the City's engagement.
Staff is of the opinion that the City's role in the creation of a NO WAKE Z01V is not
necessary despite one of the stated rules and that the states of Minnesota and Wisconsin and
National Park Service have the legal capacity and practical ability to consider the possible
impacts or implementation of these rules independent of a request from a local unit of
government.
Staff has prepared a resolution for Council consideration that outlines this position,however
the Council is not required to take any action at all; or may make other findings it deems
appropriate.
Enclosures:
I. Proposed Resolution
2. Letter from Sunnyside Marina 8-8-18
3. MN Rule 86B.205 (9)
4. Cooperative Agreement— 1973—St. Croix River—National Park Service
5. Excerpts from the 2002 Management Plan—Relating to No Wake Zones
6. City of Stillwater Council action and Comments
Page 37 of 142
ENCLOSURE 1
RESOLUTION
—
A RESOLUTION OUTLINING THE CITY OF OAK PARK HEIGHTS POSITION ON A
REQUEST FROM SUNNYISDE MARINA RELATING TO THE ESTABLISHMENT OF
A NO WAKE ZONE UPON CERTAIN PORTIONS OF THE ST. CROIX RIVER THAT
ABUT LANDS IN THE CITY OF OAK PARK HEIGHTS.
Whereas, the City has been approached by the Sunnyside Marina to consider the support of the
establishment of a NO WAKE ZONE on areas of the St
and, . Croix River lying generally east of their facility;
Whereas,the City Council did host a public hearing on September 25th 2018 where the Council received
information from Sunnyside Marina and the general public relating to such request; and,
Whereas, the City Council does acknowledge and appreciate that there are several valid perspectives
relative to the St. Croix River's use,safety and enjoyment; and,
Whereas,Minnesota Rule—8613.205,Subd.9 generally outlines a process under which a NO WAKE ZONE
could be considered, specifically part(a)in which"...the commissioner may, after determining it to be in
the public interest establish rules..."subsequent to a request from a county,city or town;and,
Whereas,such rule outlines a process for a local unit of government to initiate a rule change,it is likely not
the sole nor singular fashion under which the State of Minnesota may proceed to initiate a process to
consider the establishment(or elimination)of a NO WAKE ZONE; and,
Whereas the authority and jurisdiction of the Lower St. Croix Management Commission may instead hold
unilateral control over such decision and process so as to render such 86B.205(9)ineffective; and,
Whereas,regardless of such methodology such a decision is a complex,multi jurisdictional effort,therefore
the City is likely not the proper entity with the material capacity to render a decision on the matter nor to
ultimately enforce compliance.
NOW, THEREFORE, BE IT RESOLVED that the City's consideration for supporting the
establishment of a NO WAKE ZONE is premature but that the City Council may consider support
of such NO WAKE ZONE in the future after the convening and completion of a multi jurisdictional
and/or multi-state dialogue that outlines the critical issues,is inclusive of relevant parties and outlines
financial commitments for enforcement.
BE IT FURTHER RESOLVED that, notwithstanding any process suggested by adopted rules, the
City believes that such dialogue process noted above should be first convened by the State of
Minnesota and/or the Lower St. Croix Management Commission as such action is within their
capability to pursue and achieve consensus.
Approved by the City Council this day of 2018
Mayor Mary McComber
Attest: Eric Johnson,
City Administrator
Page 38 of 142
ENCLOSURE 2
SUNNY
SIpE
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 Sunnvside 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 hoard 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 1:00
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 39 of 142
ENCLOSURE3
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 relating to the use of watercraft on waters of this state
that border upon or are within, in whole or in part, the territorial 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 general nor filed with the secretary 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;
(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, shoreland 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 be 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
governmental 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.
Page 40 of 142
Enclosure 4
COOPERATIVE AGREEMENT
F
THIS AGREEMENT, made between the United States of America, the
State of Minnesota, and the State of Wisconsin,
WITNESSETH:
WHEREAS the Congress of the United States has enacted the Wild
and Scenic Rivers Act, Public Law 90-542, 82 Stat. 906, which has designated
for inclusion within the National Wild and Scenic Rivers System that portion
of the St. Croix River, Minnesota and Wisconsin, between the dam at Taylors
Falls and the dem near Gordon, Wisconsin, and its tributary, the Namekagon,
from Lake Namekagon downstream to its confluence with the St. Croix; and
WHEREAS the Congress of-the United States has amended the above
Act with enactment of Public Lew 92-560, 86 Stat. 1174, which has designated
for inclusion within the National Wild and Scenic Rivers System that portion of
the Lower St. Croix River, Minnesota and Wisconsin, between the dam near
Taylors Falls and its confluence with the Mississippi River; and
WHEREAS section 2 of Public Law 92-560 provides that the lower
twenty-five miles shall be designated by the Secretary upon his approval of an
application for such designation by the Governors of the States of Minnesota
and Wisconsin; and
WHEREAS section 3 of Public Law 92-560 requires that the Secretary
of the Interior within one year following the enactment prepare a comprehensive
master plan which will be undertaken jointly by the Secretary and the
appropriate agencies of the affected States and shall include a determination
of the lands, waters, and interest therein to be acquired, developed, and
administered; and classification of said segment of the river in accordance
with the guidelines in Section 2(b) of Public Law 90-542; and
WHEREAS such master plan shall provide for State administration of
the lower twenty-five miles of the Lower St. Croix River and for continued
administration by the States of Minnesota and Wisconsin of such State lands,
resources and facilities that lie within the twenty-seven-mile segment to be
administered by the Secretary of the Interior; and
WHEREAS the Minnesota-Wisconsin Boundary Area Commission, a public
agency sponsored by the States of Minnesota and Wisconsin, is authorized to
make recommendations to proper governmental agencies concerned with the boundary
portion of the St. Croix River with regard to land and water use, including
Page 41 of 142
Proposed laws, administrative rules, ordinances, or other regulations; and
WHEREAS the Minnesota-Wisconsin Boundary Area Commission has offered
to act as a coordinator and service center for all the agencies responsible for
the administration of the Lower St. Croix National Scenic Riverway; and
WHEREAS Section 10(e) of Public Law 90-542 authorized the Federal
Agency charged with the administration of any component of the National Wild
and Scenic Rivers System to enter into written cooperative agreements with the
Governor of a State or the head of a State agency for State participation in
the administration of the component; and
WHEREAS it is the desire of the United States and Ninnasota and
Wisconsin to enter into a cooperative agreement to provide for coordination in
the planning, land acquisition, development, protection, and management of the
Lacer St. Croix National Scenic Riverway;
NOW, THEREFORE, in consideration of the forementioned Acts and mutual
agreements hereinafter contained, the parties deo agree as follows:
i 1. A lower St. Croix Management Commission shall be formed to bring
together periodically the parties responsible for the implementation of Public
i
Law 92-SW and the master plan for the Lower St. Croix National Scenic Riverway.
11. The membership shall consist of an appointed representative from
Ithe National Park Service, State of Minnesota Department of Natural Resources.
and State of Wisconsin Department of Natural Resources.
111. The Executive Director of the Minnesota-Wisconsin Boundat~y Area
Commission shall serve as an exofficio and non-voting member of the Lower St.
Croix Management Commission and provide assistance in coordinating meetings of
the Commission, providing information to the public, arranging for public input
when requested or required, and serve as the contact with local governmental
units along the Lower St. Croix.
V1. The objectives of this Commission shall be;
A. To provide a regular forum for discussion of mutual
problems, activities and programs associated with the
Lower St. Croix National Scenic Riverway,
8. To coordinate programs and plans of the parties to avoid
duplication and conflict with agreements, and State and
Federal legislation.
Page 42 of 142
C. To promote and ensure coordination with local units of
government and other interests.
0. To monitor implementation of plans and programs for the
Lower St. Croix River consistent with the National Mild
and Scenic River Act as Amended.
E. To formulate uniform policies insofar as possible among
the parties.
V. This agreement as to the State of Minnesota and the State of
Wisconsin shall not be construed to create any relationship between these
two parties, which either or both of the parties are unable to enter into
because of the absence of specific constitutional or legislative authority.
V1. This agreement shall continue in effect until termination by
mutual consent of the parties. Notwithstanding the foregoing, this Agreement
may be terminated unilaterally by any of the parties hereto upon 30-days
written notice to the other two participants.
V11. This agreement shall be in effect when executed by the
Secretary of the Interior, Governor of the State of Minnesota, and Governor of
the State of Wisconsin or their appointed representatives.
UNITED STATES OF AMERICA
ey Date
� 0C
National ar Service
Department of the Interior
STATE OF MINNESOTAA /
8y
sZAfi OF sc IN
ol
8� ,1 lv tri Date 2 I J 7.3
(3)
i
Page 43 of 142
!Enclosure
14
`v a ' a n as �
p ` P an
�.Lo we r to
roix
r National Scq ,,,ic Riverway
A '
7V
— '� 'wry '� � �y j�� '�� ♦ y � � �F
77
s
,
i;
1nl1LSofiG • ISC1n51t1
. a T'tow
W
a a
CONTENTS
Background
Purpose of and Need for the Cooperative Management Plan 1
The Planning Process I
Brief Description of the Riverway 3
Legislative Purposes for Establishing the Lower St. Croix 13
Fundamental Principles for the Cooperative Management Plan 13
Purposes, Significance, and Exceptional Resources/Values of the Lower Riverway 15
Vision for the Lower St. Croix National Scenic Riverway 16
Planning Issues And Concerns 16
Other Related Planning Efforts 21
Management of the Lower Riverway
Management Concept 23
Management Areas 23
Coordination and Cooperation among Managing Partners
and between Governmental and Private Entities 39
American Indian Treaty Rights 39
Riverway Stewardship 40
Natural Resources Management 41
Management of Hunting, Fishing, And Trapping 46
General Types of Uses 47
User Carrying Capacity 48
User Safety 49
Commercial Services and Concession Operations 49
Accessibility for Individuals with Disabilities 49
Interpretation and Education 50
River Crossings 51
Island and Public Shoreline Management 52
Navigation Channel Maintenance 52
Cultural Resources Management 53
Land Protection/Boundary Adjustments 55
Management Structure
Policy Development 57
Land Use Management 58
Water Surface Use Management 58
Appendixes
' A: Land Use Regulation Guidelines 59
B: Water Surface Use Guidelines 65
C: Implementation Costs 68
D: Legislation 69
vii
Page 45 of 142
MAPS
Region v
Boundary 5
Landownership 7-11
Land 31
Water 38
TABLES
°1 1: Summary of Land Management Areas 27
2: Land Management Areas Distributions 29
3: Land Management Area Boundaries 29
4: Summary of Water Management Areas 36
5: Water Management Area Boundaries 37
i
viii
Page 46 of 142
APPENDIX B: WATER SURFACE USE REGULATION GUIDELINES
Watercraft speed regulations were first The purpose of this appendix is to provide a
established on the lower St. Croix River in framework for future changes in the regula-
the mid-1960s in the form of limited slow- tions. It is based on the following four
no-wake zones in the Hudson, Kinnicki- water management districts:
nnic, and Prescott narrows. Those limits
were established by order of the Washing-
ton County Sheriff. WATER MANAGEMENT DISTRICTS
As boating activity on the river grew rapid- Active Social Recreation
ly in the 1960s and 1970s, there were
increasing concerns that the river was In this district are found large numbers of
becoming unsafe and that additional speed both people and watercraft. The types of
regulations will need to be imposed. The boats found in this area will vary widely:
Scenic River Studv of the Lower St. Croix, while most will be motorized, nonmotor-
prepared in 1971 as directed by Congress ized watercraft may be present. Boat speeds
(Wild and Scenic Rivers Act, 1968), con- will also vary significantly; they will be
cluded boating use of the river was by then strictly controlled in some limited areas
unacceptably overcrowded and action was (such as narrows areas), but the highest boat
needed to reduce the perceived hazards speeds allowed on the river will be in this
associated with speeding boats in close district.
proximity to one another,to enhance safety,
and to reduce the impacts of boat wakes. Moderate Recreation
Following designation of the Lower St. This district may contain large numbers of
Croix (Lower St. Croix Act. 1972) the inter- watercraft at times, but use in this area will
agency planning team undertook develop- tend to be more moderate in terms of num-
ment of a management approach for regu- bers of people and watercraft on the water,
lating boating. The result was appendix B and in teens of the intensity of activity. A
of the Master Plan 1976 which contained( )� med varietyof boat
types,primarily motorized
a framework for state and federal boating watercraft, may be present. Boats may trav-
regulations. Based on that framework, the el at different speeds, but tend toward slow-
states and the National Park Service in 1977 er speeds than the Active Social Recreation
imposed water surface use regulations on District, although faster than the Quiet
the riverway. Waters and Natural Waters districts. Boat
speeds may be very strictly controlled in
In 1978 the Lower St. Croix Management some liunited areas (such as narrows areas);
r Commission developed a Riverway there will be an overall limit on boat
Management Policy Resolution that provid- speeds.
ed guidance for future changes in those reg-
ulations.
g
ulations. Based on that guidance, the state- Quiet Waters
federal regulations were amended in 1978,
1981, 1984, 1987, 1991 and 1996. This district will provide for low-impact
boating activities, but during peak use peri-
ods large numbers of watercraft may be
G
65
Page 47 of 142
encountered. Management will be directed 100 feet of all shore, including islands,
toward recreational uses that leave the sur- within 100 feet of swimmers, and within
face of the river largely undisturbed. Both 100 feet of nonmotorized craft.
motorized and nonmotorized watercraft will
be able to use these areas. Watercraft Slow-No-Wake Zones in Narrows Areas
speeds will be kept low to preserve the
river's tranquil quality, Slow-no-wake zones have reduced boat
speed(to'increase safety, reduce resource
Natural Waters damage and preserve diverse experiences)
in narrows areas of parts of the Lower St.
This district will provide an experience Croix since the 1960s. They exist to
emphasizing a sense of peace and quiet, increase safety, reduce resource damage,
with some opportunities for solitude. and preserve diverse experiences. Slow-no-
Watercraft numbers will usually be very wake speed limits have historically been
low. Most watercraft will be human-pow- established in areas that exceed density
ered. Watercraft speeds will be kept low. standards.
BOATING MANAGEMENT High-Water No-Wake
The following regulatory approach to man- During periods of high water, the river con-
aging boating is recommended: tacts the shore in areas that are highly sus-
ceptible to erosion. Watercraft traveling at
Speed Limits speeds above a slow-no-wake speed pro-
duce wakes that accelerate erosion on these
Speed limits should be imposed on the St. unstable shore areas, so speeds need to be
Croix as follows, based on management restricted during these high-water events.
area classification in the plan: All boating should be limited to a slow-no-
wake speed whenever river levels reach or
Active Social Recreation: 40 mph between exceed 683 feet as measured at the
sunrise and sunset, and 20 mph between Stillwater gauge.
sunset and sunrise
Moderate Recreation: 20 mph Density Policy
The potential need for speed regulations
Quiet Waters: slow speed,but in no case should be studied when density exceeds 15
greater than 15 mph acres of water per moving boat, and speed
regulations need to be imposed when densi-
Natural: slow-no-wake ty exceeds 10 acres of water per moving
Shore Activity Zone boat.
A shore activity zone is needed to reduce Craft Type Restrictions
boat speeds near shore to ensure the safety Amphibious craft should not be permitted
of swimmers and moored and beached to drive onto publicly owned shore areas
boats and to prevent erosion. Boat speeds except at boat ramps. Personal watercraft
should be restricted to slow-no-wake within are required to operate at no-wake speeds
66 Page 48 of 142
i
Enclosure 6
RESOLUTION 2018-121
RESOLUTION SUPPORTING ESTABLISHMENT OF A SLOW NO WAKE ZONE ON ST.
CROIX RIVER IN STILLWATER FROM THE SOUTH LEVEE WALL(DOCK CAFL)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 Caf&)'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
WHEREAS, the Stillwater City Council 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 Caf6)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.
Page 49 of 142
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 SL Croix Riverway Administrative Rule amendment process pursuant to Minnesota
State Statutes.
Adopted by the Stillwater City Council this 51h day of June,2018.
--zer kF2�-
ZST: Ted Kozlowski,Mayor
Diane F.Ward,City Clerk
Page 50 of 142
PUBLIC HEARINGS
Apuublic hearing to consider the establishment of a11 low No Wake Zone on the St Croix River
from South Levee Wall fDock Cafe) to the No Levee Wall (MUl erry 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 ontions 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, 12191 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 51 of 142
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, 1619 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 98%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 Lowell 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 52 of 142
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 53 of 142
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 54 of 142
Alternative north starting point:(keeps south start point)
Alternative
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Proposed
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Page 55 of 142
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No mooring(anchoring)area:Allows for open channel to the lift bridge along with room to maneuver
for levee wall tie up.
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It
Regards.
Daren Anderson
Page 56 of 142
From: Joe Widmer
To: Diane Ward
Subject: no-wake zone
Date: Wednesday,April 11,2018 10:50:10 AM
Iii 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(7)m =etch&=
wwa•.MetroFact['RF com
Page 57 of 142
Diane Ward
From: Minniti,Al <AI.Minniti@AMRetailGroup.com>
Sent: Wednesday,April 11,201810:39 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
1370154^Ave N
Plymouth, MN.55446
612-325-8330
Al Minniti
Director Product development
ji
(0) 763-391-41541 (M)612-325-8330 1 (F)763-391-4486
7401 Boone Avenue North,Brooklyn Park,MN 55428
al.minniti aa,amretailaroun com
Wilsons Leather, GH Bass & Co,DKNY,Calvin Klein
Performance,Karl Lagerfeld Paris
Disclaimer
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 58 of 142
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 from 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 Amt
Cell: 651238 6398
Page 59 of 142
Diane Ward
MENNEN
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 a no wake zone
is imposed.
Thank you for your attention to this important matter.
Respectfully,
Brett J Belisle
Real Estate Consultant
RE/MAX Results
Licensed Realtor since 1981
RE/MAX Hall of Fame Member
cell: 651-238-9415
email:brettbelisle.realtor(a)gmail corn
ersonal website: www.brettbelisle.com
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 60 of 142
Diane Ward
From: Burt Bauman <burt@compassrosestudios.com>
Sent: Sunday,April 15,201812:59 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
612-940-9133
r 4�
1
Page 61 of 142
From: Cameron Murray
To: Diane Ward
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 tie up to the boardwalk,allowing more visitors into town.
Thanks
Cameron Murray
350 Main St.N
Stillwater MN
Page 62 of 142
From: Chris Siedow
To: Diane Ward
Cc: Chricrooher Swa ^^f hri CD �- �y II �- ��Man I";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. I 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
0 952.884.1661 F 952.884.0295 C 952.292.4169
Yalemech.com
Making Buildings Work Better Since 1939
Page 63 of 142
April 9, 2018
To: Stillwater City Council Public Hearing April 17, 2018
RE: Public hearing to consider the establishment of a no-wake zone on the St. Croix River
Dear Council Members and Attendees,
I am a 4th 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.
I remember the worse boating experience I ever had during all my times on the river.
"I 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 Sunnyside. 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 coneestion and improve
safety.
Respectfully,
Dan Michaelis
1341 Dallager Ct.
Stillwater MN 55082
email@danmichaelis.com
(651) 303-3300
Page 64 of 142
Diane Ward
From: Dana Jackson <danaleej3@gmail.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
danaleei 3 aaw-mail.coni
i
Page 65 of 142
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 problems 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
1
Page 66 of 142
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 Yahoo Mail on Android
i
Page 67 of 142
From: Erin Clarkowski
To: Diane Ward
Subject: Slow No Wake Zone on St.Croix comment
Date: Thursday,April 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: I would prefer there to be no-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
Marl 62 d mmnedL
651.468.7758
Page 68 of 142
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
jimQ4jpc.com
Begin forwarded message:
From: Jim Chirpich<jimna 4inc.com>
Date:April 15,2018 at 7:55:05 AM CDT
To: dward(a�ci.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
jim@,4' c.com
i
Page 69 of 142
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,
Kevin
612-396-7724
1
Page 70 of 142
Diane Ward
Subject: FW:No Wake Zone on St.Croix River
From:Lori Strachota Bell [mailto:Lorilean5 hotmail com]
Sent:Tuesday,April 10,2018 5:11 PM
To: Diane Ward<dwardC�ci.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.
2) 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-
Page 71 of 142
From: 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 72 of 142
From:mud4x4racer@yahoo.com [mailto:mud4x4racer@yahoo.com]
Sent:Sunday,April 15,2018 9:21 AM
To:Diane Ward<dward@ci.stillwater.mn.us>
Subject:City No-wake zone
My opinion of the no-wake zone? 0 !
Page 73 of 142
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 of time&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<nmano �i.stillwater mn ts>
Date: April 5, 2018 at 2:23:18 PM CDT
To: myron reUbendal ._com
Subject: Public Hearing for No Wake Zone
Reply-To: n ma nosOce.Stillwater 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 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 dward&ci.stillwater mn us
Like us on Facebook at
www.facabook-com/st'llwatermffnnesgia
CITY OF STILLWATER, 216 4th Street North, Stillwater, MN 55082
Page 74 of 142
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 75 of 142
Diane Ward
From: Peter Van Nest <peter.vannest@gmail.com>
Sent: Sunday,April 15,2018 2:3S 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 76 of 142
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.Just 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
I
Page 77 of 142
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!!! 1 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 78 of 142
Diane Ward
From: Susan Kirk <skk018@aol.com>
Sent: Saturday,April 14,201812:43 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 iPhone
1
Page 79 of 142
From: Terry zoller
To: Nancv M=&Diane Ward
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
®I
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 C66) 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 dward@ci.stillwater.mn.us.
Like us on Facebook at
www.facebook-comistillwaterrnmnnesota
CITY OF STILLWATER, 216 4th Street North, Stillwater, MN 55082
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Page 80 of 142
Diane Ward
From: Grocott,Thomas <thomas.grocott@columbiathreadneedle.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
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Page 81 of 142
Diane Ward
Subject: FW: No wake Zone in Stillwater
From:Kendra Tim [mailto:timandkendral@email com]
Sent:Wednesday,April 25,2018 8:44 AM
To:Tom McCarty<tmccartv@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, 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 82 of 142
From: r]arkowski,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 83 of 142
Diane Ward
From: Todd Hall <twillardhall@gmail.com>
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 fuel fire because people are going too
fast and casuing excessive wakes.
Sincerely,
Todd Hall
MPYH Slip C-82
1
Page 84 of 142
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
651-2164445
Page 85 of 142
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Page 86 of 142
s
Oak Park Heights
Request for Council Action
Meeting Date September 25th, 2018
Time Required: 5 Minutes
Agenda Item Title: Conditional Use Permit—Detached Garage Addition- 5737 Peller Ave
Agenda Placement New Businessn 4,
Originating Department/Re sto / ' ' ohnson, Qijy Administrator
Requester's Signature
Action Requested Discu ion Possible 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 September 61h,2018
2. Planning Commission Resolution(unsigned)
3. Proposed City Council Resolution
Page 87 of 142
&d , z
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile; 763.427.0520
TPC§Plannin9Cc.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 6, 2018
RE: Oak Park Heights—Conditional Use Permits for Rear
Yard Coverage - Garage Addition at 5737 Peller Avenue North
TPC FILE: 236.05 — 18.01
BACKGROUND
Russel Patrick has made an application for a Conditional Use Permit (CUP) to allow a
garage addition at 5737 Peller Avenue North. The application is to allow an accessory
structure that exceeds 25 percent of the rear yard area. There is an existing detached
garage of 784 square feet and an additional 336 square feet of garage is proposed.
The proposed lot coverage is 37 percent of the rear lot area.
The property is zoned R-1 Single Family District. Single family dwellings and their
accessory structures are permitted uses in that District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative from Russel Patrick
Exhibit 2: Site Plan with Dimensions
Exhibit 3: Proposed Elevations
Exhibit 4: Garage Floor Plan
Exhibit 5: Lot Dimensions
Exhibit 6: Lot Dimensions with Electric Pole
Exhibit 7: Picture with Property Line
Exhibit 8: Lot with North Property Line
Exhibit 9: Site Views (Three Photos)
PROJECT DESCRIPTION
The project description and justification for the CUP from Russel Patrick is as follows:
Page 88 of 142
Access
The front of the garage, side facing north, is provided access to Peller Avenue via land
owned by Xcel Energy. The Applicant is not aware of any written access agreements
with Xcel Energy to provide this access. If access is denied by Xcel Energy at some
time in the future, the Applicant has the option of access through the rear of the garage
to an alley/easement that accesses 57th Street North.
Conditional Use Permits
Application for a Conditional Use Permit shall be regulated by Section 401.03 of this
Ordinance. Such a Conditional Use Permit may be granted provided that:
a. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
Comment: A detached accessory building is assumed to be used for
storage to eliminate the need for exterior storage of vehicles and
equipment.
b. In the case of residential uses, no commercial or home occupation
activities are conducted on the property.
Comment: No home occupations are proposed for the property.
C. The building has an evident re-use or function related to the principal use.
Comment: The use will be related to the principal use.
d. Accessory building shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public
health, safety and general welfare.
Comment: There should be no hazard to public health, safety and
welfare.
21e. The reduction of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if
approved, will not set a precedent which is contrary to the intent of this
Ordinance.
Comment: No reduction of setback requirements is requested.
2'f. Existing property line drainage and utility easements are provided for and
no building will occur upon this reserved space unless approved in writing
by the easement holder.
3
Page 89 of 142
small lot (6,009 square feet) is unusual for Oak Park Heights. Most rear yards
would accommodate a large garage as proposed. The size of the garage, even
with the addition is less than the maximum size allowed. City Staff does not see
any issues with the request.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permit, City staff would recommend
the garage construction with the following conditions:
1. Any exterior mechanical equipment associated with the garage shall be
screened.
2. The exterior of the proposed garage shall be finished with siding to match
the current house and garage.
3. The applicant shall apply for and receive a building permit for the
structure.
4. The garage shall be placed at the same distance from the north property
line as the existing garage or maintain at least a five-foot setback.
5. Any other conditions of the Planning Commission, City Council and City
Staff.
Pc: Julie Hultman
5
Page 90 of 142
I have an existing 28 foot by 28 foot garage which totals 784 square feet.The existing garage has two 9
foot by 7 foot garage doors which do not allow much clearance for my pickup truck when entering the
garage. I would like to put a 12 foot by 28 foot addition on to the existing garage that would allow me to
put in a 10 foot wide garage door into the addition.The 12 x 28 foot addition would put the overall
square footage of the garage at 1120 square feet. Which is 120 square feet over the maximum amount
allowed.
Page 91 of 142
ANDERSEN ARCHITECT WORKSHOP
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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 BY RUSSELL PATRICK FOR A CONDITIONAL USE
PERMIT TO ALLOW A DETACHED GARAGE ADDITION AT 5737
PELLER AVENUE NORTH SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Russell Patrick
for a Conditional Use Permit to allow a detached garage addition at 5737 Peller Avenue
North; 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 R-1 Single Family District in which single family
uses and accessory detached structures are a permitted use; and
4. Section 401.15.D.4 of the Zoning Ordinance requires a Conditional Use
Permit for accessory structures that cover more than 25 percent of the rear yard; and
5. The existing garage is 784 square feet and the proposed addition is 336
square feet for a total garage size of 1,120 square feet which is 37 percent of the rear
yard; and
6. The proposed garage and addition will comply with all the other standards
for accessory structures in Section 401.15.D of the Zoning Ordinance; and
Page 103 of 142
7. The size of the subject lot is 6,009 square feet which is an unusually small
lot size in Oak Park Heights; and
8. City staff prepared a planning report dated September 6,2018 reviewing
the request; and
9. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 13,
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
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Russell Patrick for a Conditional Use Permit to
allow a detached garage addition at 5737 Peller Avenue North and 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. Any exterior mechanical equipment associated with the garage shall be
screened.
2. The exterior of the proposed garage shall be finished with siding to match
the current house and garage.
3. The applicant shall apply for and receive a building permit for the
structure.
4. The garage shall be placed at the same distance from the north property
line as the existing garage or maintain at least a five-foot setback.
Recommended by the Planning Commission of the City of Oak Park Heights this
13a`day of September 2018.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
2
Page 104 of 142
ATTACHMENT A
A-,
i-
Conditional Use Permit
Garage Addition Rear Yard Coverage
Russell Patrick
5737 Peller Ave.N.
Washington County Parcel Number: 03.029.20.24.0014
Legal Description: Lot 4, Block 2, Beaches Addition
Page 105 of 142
ATTACHMENT B
Conditional Use Permit
Garage Addition Rear Yard Coverage
Russell Patrick
5737 Peller Ave.N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Application Materials & Site Review with City Staff: July 25,2018
Planning Commission Public Hearing& Recommendation: September 13,2018
Required Approvals: CUP
City Council 4/5
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 106 of 142
RESOLUTION NO.
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 BY RUSSELL PATRICK FOR A CONDITIONAL USE
PERMIT TO ALLOW A DETACHED GARAGE ADDITION AT 5737
PELLER AVENUE NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Russell Patrick
for a Conditional Use Permit to allow a detached garage addition at 5737 Peller Avenue
North; 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 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 R-1 Single Family District in which single family
uses and accessory detached structures are a permitted use; and
4. Section 401.15.D.4 of the Zoning Ordinance requires a Conditional Use
Permit for accessory structures that cover more than 25 percent of the rear yard; and
5. The existing garage is 784 square feet and the proposed addition is 336
square feet for a total garage size of 1,120 square feet which is 37 percent of the rear
yard; and
6. The proposed garage and addition will comply with all the other standards
for accessory structures in Section 401.15.D of the Zoning Ordinance; and
Page 107 of 142
7. The size of the subject lot is 6,009 square feet which is an unusually small
lot size in Oak Park Heights; and
8. City staff prepared a planning report dated September 6, 2018 reviewing
the request; and
9. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 13,
2018 meeting, took comments from the applicants and public, closed the public hearing,
and recommended that the application be approved 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 by Russell Patrick for a Conditional Use Permit to
allow a detached garage addition at 5737 Peller Avenue North and affecting the real
property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved the City Council of the City of Oak Park Heights
with the following conditions:
1. Any exterior mechanical equipment associated with the garage shall be
screened.
2. The exterior of the proposed garage shall be finished with siding to match
the current house and garage.
3. The applicant shall apply for and receive a building permit for the
structure.
4. The garage shall be placed at the same distance from the north property
line as the existing garage or maintain at least a five-foot setback.
Approved by the City Council of the City of Oak Park Heights this 25h day of
September 2018.
ATTEST: Mary McComber, Mayor
Eric A. Johnson, City Administrator
2
Page 108 of 142
ATTACHMENT A
Conditional Use Permit
Garage Addition Rear Yard Coverage
Russell Patrick
5737 Peller Ave. N.
Washington County Parcel Number: 03.029.20.24.0014
Legal Description: Lot 4, Block 2, Beaches Addition
Page 109 of 142
ATTACHMENT B
Conditional Use Permit
Garage Addition Rear Yard Coverage
Russell Patrick
5737 Peller Ave.N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Application Materials & Site Review with City Staff: July 25,2018
Planning Commission Public Hearing&Recommendation: September 13, 2018
Required Approvals: CUP
City Council 4/5
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 110 of 142
Oak Park Heights
Request for Council Action
Meeting Date September 25th,2018
Time Required: 5 Minutes
Agenda Item Title: ISD 834—Conditional Use Permit Amendment—Garage Placement 5701
Stillwater Blvd N.
Agenda Placement New Business If
Originating Department/Request -.4-hson. CLty Administrator
Requester's Signature
('14111F V
Action Requested Discussiy.Possible 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 September 66,2018
2. Planning Commission Resolution(unsigned)
3. Proposed City Council Resolution
Page 111 of 142
� 3
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5640
Facsimile: 763.42 7.0520
TPC@PlanningCo.corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: September 6, 2018
RE: Oak Park Heights— Stillwater Area High School—Amended
Conditional Use Permit— Lacrosse Equipment Storage Building
TPC FILE: 236.02 — 18.07
BACKGROUND
Ricky Michel of the Stillwater Area Schools has made application for an Amended
Conditional Use Permit (CUP) to allow construction of a lacrosse equipment storage
building at the Stillwater Area High School located at 5701 Stillwater Blvd North. The
building will be 30 feet x 30 feet (900 square feet) and will be placed south east of the
stadium. The project does not require Design Guideline review.
The site is zoned O, Open Space Conservation District in which the High School has
been permitted as a conditional use. Any changes to the site or the uses require a
CUP. The original CUP for the High School was approved December of 1991.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Letter from Kristen Hoheisel—August 17, 2018
Exhibit 2: Project Narrative, August 17, 2018
Exhibit 3: Title Sheet and Site Plan (A0.0)
Exhibit 4: Shed Plan (A1.0)
Exhibit 5: Shed Elevations (A2.0)
Exhibit 6: Shed Building Section (A3.0)
Exhibit 7: Site Photos
PROJECT DESCRIPTION
The letter from Kristen Hoheisel is found as Exhibit 1 describes the project.
Additionally, the project narrative found as Exhibit 2 provides additional detail.
Page 112 of 142
`p
9
The project narrative indicates the following:
The Stillwater Area lacrosse teams use a variety of equipment for its practices, including
lacrosse balls, marker cones, pads, nets, storage boxes, water jugs, carts, and other
practice items. Currently all of its equipment must be hauled out to the field and back,
for every practice, from an overcrowded small storage area inside the school.
The proposed storage building is centrally located at the corner of the three main
practice fields and stadium, allowing the equipment to be quickly distributed and stored
close to its use. The HS Boys, HS Girls and Youth program is raising funds to construct
the building, at no cost to the school district.
Current and Surrounding Land Use
The proposed location is just south east of the stadium field, well within the interior of
the school property. To the north, trees and vegetation screen the building.
Residences south of the property line are also screened by a change in grade and
trees. Approximately 100 feet to the north is the service drive between the stadium
fields and practice turf.
Proposed Use
The proposed building will be used for athletic equipment storage for the Stillwater
lacrosse teams.
Architecture
The building will be a slab-on-grade, rock-faced concrete masonry building with
concrete aprons on each end and on one side. The building dimensions will be
approximately 30'x 30; with an 11'4"high masonry wall topped by an 8/12 gable. The
roof peak will be about 22'1" above slab elevation. It will have gray fiberglass/asphalt
shingles. The eves and facia will be painted cement-fiber or composite boards, with
8'x8' overhead garage doors side by side on the north side of the building. The end
walls of the gable will be natural gray, similar to an existing storage building to the west
of the stadium.
The building will have electricity, but no water, sewer or plumbing. There will be no
exterior light fixtures.
Signage
On each garage door, and area approximately 4x6 (26 square feet) may have Ponies
logo or Stillwater Ponies name, in red, white and/or black.
2
Page 113 of 142
Site Design
The site is located to best serve the fields and reduce visibility of the building from all
vantage points. It will be graded to ensure stormwater drains positively away from the
building in all directions.
Site Utilities
Power to the building will come underground from the nearest available source, likely
the existing school, site lighting, or the stadium area.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as School Facilities on the
Proposed Land Use Map of the Comprehensive Plan. The proposed addition of the
storage building at the High School will be consistent with this land use designation.
Zoning. The site is zoned O, Open Space Conservation District in which the High
School has been permitted as a conditional use. Any changes to the site or the uses
require a CUP. The criteria found in Section 401.03.A.7 of the Zoning Ordinance must
be considered when reviewing a request for this type.
Conditional Use Permit. The Planning Commission should consider the following
issues and impacts of the proposed project in making its recommendation.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
9. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving
the property.
8. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment: The use is consistent with the Comprehensive Plan and in conformity with
present and future land uses. There should be no environmental issues or impact to
surrounding tenants or property owners. The building will be screened by existing
vegetation and change in grade. Traffic generation will not be impacted by the addition
3
Page 114 of 142
of this building. There is no impact upon public services and facilities. City Staff sees no
issues with the addition of the storage building as currently proposed.
Setbacks. The building will be setback approximately 170 feet from the south property
line. The building is well within any required set back lines.
Building Height. The building will be 16 feet 8 inches to the mid-point of the gable.
The Zoning Ordinance allows roofs to the mid point of the gable to not exceed 20 feet in
height.
Parking. Parking is not impacted by this building. No parking spaces are removed,
and no additional parking is required for a storage building.
Grading/Drainage/Utilities. The grading of the site to accommodate the storage
building and resulting stormwater runoff shall be subject to review of the City Engineer.
Valley Branch Watershed District approval was not required for this structure.
Lighting Plans. The narrative indicates there will be no exterior lighting on the
building. If any lighting is added it will need to comply with the provisions of the Zoning
Ordinance. The building will have electricity, with the power coming underground from
the school, site lighting or the stadium area.
Landscaping. There is no landscaping proposed for the building.
Mechanical Screening. There will be no exterior mechanical equipment required for
this building.
Signage. The project narrative indicates that each garage door may have a Ponies
logo or Stillwater Ponies name in red, white and/or black. The signs would be
approximately 24 square feet each. The signage is compliant with the Zoning
Ordinance but shall require a sign permit.
CONCLUSION / RECOMMENDATION
Upon review of the request for an Amended Conditional Use Permit to allow for an
lacrosse equipment storage building at the Stillwater High School located at 5701
Stillwater Blvd North, City Staff would recommend the project with the conditions as
follows:
1. Any signage proposed for the site shall be in compliance with Section
401.15.G of the Zoning Ordinance and will require a sign permit.
2. Any additional lighting proposed for the equipment storage building shall
be in compliance with Section 401.15.13.7 of the Zoning Ordinance.
4
Page 115 of 142
3. Grading and drainage for the site shall be subject to review and approval
of the City Engineer.
Pc: Julie Hultman
5
Page 116 of 142
illwater
STILLWATER AREA HIGH SCHOOL
�._ _ b701 Stillwater Blvd.N. I Stillwater,Minnesota 55082
Tel:651.351.8040 I fax:651.351.8049
AREA PUBLIC SCHOOLS
„a www.stillwaferschocls.org
August 17,2018
Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd.N.
Oak Park Heights,MN 55082
Dear hk Johnson,
The Stillwater Area Lacrosse teams use a variety of equipment for its practices,including lacrosse balls,marker cones,
pads,nets,storage boxes,water jugs,carts and other practice items. Currently all of this equipment must be hauled to the
field and back, for every practice, from an overcrowded small storage area inside the high school.
The District is partnering with the HS Boys,HS Girls,and Youth lacrosse program to construct a storage building for all
this equipment. It will be centrally located at the corners of the three main practice fields and stadium, allowing the
equipment to be quickly distributed and stored close to its use.The HS Boys,HS Girls,and Youth lacrosse program is
raising funds to construct the building, at no cost to the school district.
The proposed location is just south east of the stadium field,well within the interior of the school property. To the north;
trees and vegetation screen the building.Residences south of the property line are also screened by a change in grade and
trees.Approximately 100 feet to the north is the service drive between the stadium fields and practice turf.
The building will be a slab-on-grade,rock-faced concrete masonry building with concrete aprons on each end and on one
side.The building dimensions will be approximately 30'x 30',with an 11'4"high masonry wall topped by an 8/12 gable.
The roof peak will be about 22'1"above slab elevation and 16'8"to the midpoint of the gable.This is under the 17"
zoning ordinance. The masonry will be natural gray,similar to an existing storage building to the west of the stadium.The
building will have electricity,but no water,sewer,or plumbing.
The district believes that this storage building will provide the lacrosse teams with easier access to their equipment and
allow for more efficient practices and year around storage for their equipment.
If you have additional questions,please feel free to contact me at any time.
Sincerely,
Kristen Hoheisel
Director of Finance for Stillwater Area Schools
RIOSIr
Thrives Here
Page 117 of 142
Project Narrative
8.17.18
RE: Design Review Application for proposed new Equipment Storage Building, Stillwater Area
High School, Oak Park Heights,MN
The Stillwater Area lacrosse teams use a variety of equipment for its practices, including lacrosse
balls,marker cones,pads,nets, storage boxes, water jugs, carts, and other practice items.
Currently all of this equipment must be hauled out to the field and back,for every practice, from
an overcrowded small storage area inside the school.
The proposed storage building is centrally located at the corners of the three main practice fields
and stadium,allowing the equipment to be quickly distributed and stored close to its use. The HS
Boys, HS Girls, and Youth Program is raising funds to construct the building,at no cost to the
school district.
Current and Surrounding Land Use
The proposed location is just south east of the stadium field, well within the interior of the school
property. To the north,trees and vegetation screen the building. Residences south of the property
line are also screened by a change in grade and trees. Approximately 100 feet to the north is the
service drive between the stadium fields and practice turf.
Proposed Use
The proposed building will be used for athletic equipment storage for the Stillwater lacrosse
teams.
Architecture
The.building will be a slab-on-grade, rock-faced concrete masonry building with concrete aprons
on each end and on one side. The building dimensions will be approximately 30' x 30',with an
11'4"high masonry wall topped by an 8/12 gable. The roof peak will be about 22'l"above slab
elevation. It will have gray fiberglass/asphalt dimensional shingles. The eaves and fascia will be
painted cement-fiber or composite boards, with 8"x 8"overhead garage doors side by side on the
north side of the building. The end walls of the gable will be natural gray, similar to an existing
storage building to the west of the stadium.
The building will have electricity,but no water, sewer, or plumbing. There will be no exterior
light fixtures.
Signage
On each garage door, and area approximately 4-0 x 6-0 (24sf)may have a Ponies logo or
Stillwater Ponies name, in red, white and/or black.
Site Design
Page 118 of 142
The site is located to best serve the fields and reduce visibility of the building from all vantage
points. It will be graded to ensure stormwater drains positively away from the building in all
directions.
Site Utilities
Power to the building will come underground from the nearest available source, likely the
existing school, sight lighting, or the stadium area.
Project Contact List
8.17.18
Tony Willger
Supervisor ofFaciliU&Site Operations
Independent School District 834
1875 S. Greeley Street
Stillwater, MN
(651) 351-8374
Tim Siegfried
Contractor
George Siegfried Construction
510 Perro Creek Drive
PO Box 84
Bayport, MN 55003
(651)275-1112
tim@sieg[riedconstrur-tion.com
Joe Dean
Architect
Studio 2d
3600 Kinship Green N
Stillwater, MN 55082
j smpdean@gmaii.com(651) 239-8402
Page 119 of 142
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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 BY THE STILLWATER AREA PUBLIC SCHOOLS, ISD
8349 FOR A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A 900 SQUARE FOOT LACROSSE
EQUIPMENT STORAGE BUILDING SOUTHEAST OF THE
STADIUM AT THE STILLWATER AREA HIGH SCHOOL
LOCATED AT 5701 STILLWATER BOULEVARD NORTH SHOULD
BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from the Stillwater
Area Public Schools, ISD 834, for a Conditional Use Permit to allow construction of a
900 square foot lacrosse equipment storage building southeast of the stadium at the
Stillwater Area High School, located at 5701 Stillwater Boulevard North; 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 O, Open Space Conservation District. The subject
property requires a conditional use permit for changes to the site or uses. The addition of
the equipment storage building is considered a change of use; and
4. The storage building will comply with all setbacks,building height and
other performance standards of the Zoning Ordinance; and
Page 128 of 142
5. City staff prepared a planning report dated September 6,2018 reviewing
the request; and
6. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
7. The Planning Commission held a public hearing at their September 13,
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
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by the Stillwater Area Public Schools, ISD 834, for a
Conditional Use Permit to allow to allow construction of a 900 square foot lacrosse
equipment storage building southeast of the stadium at the Stillwater Area High School
located at 5701 Stillwater Boulevard North and 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. Any signage proposed for the site shall be in compliance with Section
401.15.G of the Zoning Ordinance and will require a sign permit.
2. Any additional lighting proposed for the equipment storage building shall
be in compliance with Section 401.15.B.7 of the Zoning Ordinance.
3. Grading and drainage for the site shall be subject to review and
approval of the City Engineer.
Recommended by the Planning Commission of the City of Oak Park Heights this l3th
day of September 2018.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
2
Page 129 of 142
ATTACHMENT A
t �
3Y
Conditional Use Permit Amendment
Stillwater Area High School (ISD#834)
Lacrosse Equipment Storage Building
Washington County Parcel Number: 06.029.20.41.0002
Legal Description:
Beginning at the Northeast corner of the South 496.00 feet of said Northeast Quarter, as
measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45
minutes 42 seconds West, assumed bearing, along said North line 2342.42 feet to the center line
of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minutes 12
seconds East along said center line 536.45 feet; thence South 55 degrees 42 minutes 48 seconds
East 270.00 feet to the North line of the South 771.07 feet of said Northeast Quarter, as measured
at a right angle to said South line; thence North 88 degrees 45 minutes 42 seconds East along
said North line 1800.79 feet to the East line of said Northeast Quarter; thence South 02 degrees
00 minutes 03 seconds East along said East line 275.07 feet, more or less, to the point of
beginning, containing 14.79 acres,more or less.
Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to
restrictions and easements of record.
Together with an easement for the purposes of construction, installation, maintenance and repair
of utilities under, upon and over the Easterly 30 feet, as measured at right angles to the Easterly
line thereof of the following described property:
That part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West,Washington
County, Minnesota, described as follows:
Beginning at the Northeast Quarter of the South 771.07 feet of said Northeast Quarter, as
measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45
minutes 42 seconds West, assumed bearing, along said North Line 1800.79 feet; thence North 55
degrees 42 minutes 48 seconds West 278.00 feet to the center line of Trunk Highway 5, as
presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said
center line 1185.28 feet to the South line of the North 801.66 feet of said Northeast Quarter as
measured at a right angle to the North line of said Northeast Quarter; thence North 89 degrees 54
minutes 56 seconds East along said South line 1383.19 feet to said East line of the Northeast
Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 1017.03 feet to
the point of beginning, containing 41.20 acres,more or less.
Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to
restrictions and easements of record.
Page 130 of 142
AND
That part of the West Half of the Southwest Quarter of Section 5, that part of the
Southeast Quarter of Section 6, that part of the Northeast Quarter of the
Southwest Quarter of Section 6, that part of the Southeast Quarter of the
Northwest Quarter of said Section 6 and that part of the Northeast Quarter of said
Section 6 all in Township 29 North, Range 20 West, Washington County,
Minnesota, described as follows:
Commencing at the Southeast corner of said West Half of the Southwest Quarter of Section 5;
thence North 01 degree 48 minutes 09 seconds West, assumed bearing, along the East line of
said West Half of the Southwest Quarter a distance of 1733.20 feet to the point of beginning;
thence South 89 degrees 50 minutes 41 seconds West parallel with the South line of said West
Half of the Southwest Quarter a distance of 1325.39 feet to the Westerly line of said West Half
of the Southwest Quarter; thence South 88 degrees 54 minutes 15 seconds West parallel with the
South line of said Section 6 a distance of 3332.47 feet to the center line of Old Trunk Highway
212 as located and traveled in 1923; thence North 33 degrees 26 minutes 30 seconds East along
said center line 996.03 feet; thence North 34 degrees 17 minutes 12 seconds East along said
center line 100.41 feet to the North line of said Northeast Quarter of the Southwest Quarter;
thence South 88 degrees 45 minutes 42 seconds West along said North line 3.69 feet to the center
line of Trunk Highway 5 as presently located and traveled; thence North 34 degrees 17 minutes
12 seconds East along said center line 609.44 feet to the North line of the South 496.00 feet of
said Northeast Quarter; thence North 88 degrees 45 minutes 42 seconds East along said North
line 2342.42 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes
03 seconds East along said East line 496 feet, more or less, to the Northwest corner of said West
Half of the Southwest Quarter; thence North 89 degrees 46 minutes 17 seconds East along the
North line of said West Half of the Southwest Quarter a distance of 1324.32 feet to the Northeast
corner of said West Half of the Southwest Quarter; thence South 01 degree 48 minutes 09
seconds East along said East line of the West Half of the Southwest Quarter a distance of 910.86
feet to the point of beginning.
EXCEPT that part thereof being the tract described in Document No. 468927 recorded and on
file in the office of the County Recorder, Washington County, Minnesota.
Subject to Trunk Highway 5 along the Northwesterly line thereof.
The total area of this parcel is 118.00 acres,more or less.
Subject to restrictions and easements of record and subject to a drainage and ponding easement
over that part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West,
Washington County, Minnesota lying Easterly of the Easterly right of line Trunk Highway 5
described as follows:
Commencing at the intersection of center line of said Trunk Highway 5, as presently traveled,
and the South line of the North half of said Section 6; thence North 34 degrees 17 minutes 12
seconds East, assumed bearing, along said center line 288.78 feet to the point of beginning;
thence South 55 degrees 42 minutes 48 seconds East 85.00 feet thence South 11 degrees 42
minutes 48 seconds East 115.00 feet; thence South 84 degrees 42 minutes 48 seconds East
110.00 feet; thence North 00 degrees 21 minutes 42 seconds East 248.93 feet; thence North 55
degrees 42 minutes 48 seconds West 125.00 feet to said center line; thence South 34 degrees 17
minutes 12 seconds West along said center line 180.00 feet to the point of beginning, containing
0.71 acres, more or less. Page 131 of 142
AND
Outlot `A' and Outlot `B', Kern's Education Addition, as platted and on file and of record in the
Office of the County Recorder of Washington County,Minnesota.
Page 132 of 142
ATTACHMENT B
Conditional Use Permit Amendment
Stillwater Area High School(ISD#834)
Lacrosse Equipment Storage Building
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing& Recommendation: September 13,2018
Required Approvals: CUP Amendment
City Council 4/5
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)
CUP Amendment:
An amended conditional use permit may be applied for and administered in a manner similar to
that required for a new conditional use permit. Amended conditional use permits shall include
reapplication for permits that have been denied,requests for substantial changes in conditions or
expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance
401. (401.03.C.5)
Page 133 of 142
RESOLUTION NO.
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 BY THE STILLWATER AREA PUBLIC SCHOOLS, ISD
8349 FOR A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A 900 SQUARE FOOT LACROSSE
EQUIPMENT STORAGE BUILDING SOUTHEAST OF THE
STADIUM AT THE STILLWATER AREA HIGH SCHOOL
LOCATED AT 5701 STILLWATER BOULEVARD NORTH BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from the Stillwater
Area Public Schools, ISD 834, for a Conditional Use Permit to allow construction of a
900 square foot lacrosse equipment storage building southeast of the stadium at the
Stillwater Area High School, located at 5701 Stillwater Boulevard North; 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 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 O, Open Space Conservation District. The subject
property requires a conditional use permit for changes to the site or uses. The addition of
the equipment storage building is considered a change of use; and
4. The storage building will comply with all setbacks,building height and
other performance standards of the Zoning Ordinance; and
Page 134 of 142
5. City staff prepared a planning report dated September 6,2018 reviewing
the request; and
6. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
7. The Planning Commission held a public hearing at their September 13,
2018 meeting, took comments from the applicants and public, closed the public hearing,
and recommended that the application be approved 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 by the Stillwater Area Public Schools, ISD 834, for a
Conditional Use Permit to allow to allow construction of a 900 square foot lacrosse
equipment storage building southeast of the stadium at the Stillwater Area High School
located at 5701 Stillwater Boulevard North and 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. Any signage proposed for the site shall be in compliance with Section
401.15.G of the Zoning Ordinance and will require a sign permit.
2. Any additional lighting proposed for the equipment storage building shall
be in compliance with Section 401.15.B.7 of the Zoning Ordinance.
3. Grading and drainage for the site shall be subject to review and
approval of the City Engineer.
Approved by the City Council of the City of Oak Park Heights this 25th day of
September 2018.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
2
Page 135 of 142
ATTACHMENT A
r
Conditional Use Permit Amendment
Stillwater Area High School (ISD#834)
Lacrosse Equipment Storage Building
Washington County Parcel Number: 06.029.20.41.0002
Legal Description:
Beginning at the Northeast corner of the South 496.00 feet of said Northeast Quarter, as
measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45
minutes 42 seconds West, assumed bearing, along said North line 2342.42 feet to the center line
of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minutes 12
seconds East along said center line 536.45 feet; thence South 55 degrees 42 minutes 48 seconds
East 270.00 feet to the North line of the South 771.07 feet of said Northeast Quarter, as measured
at a right angle to said South line; thence North 88 degrees 45 minutes 42 seconds East along
said North line 1800.79 feet to the East line of said Northeast Quarter; thence South 02 degrees
00 minutes 03 seconds East along said East line 275.07 feet, more or less, to the point of
beginning, containing 14.79 acres,more or less.
Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to
restrictions and easements of record.
Together with an easement for the purposes of construction, installation, maintenance and repair
of utilities under, upon and over the Easterly 30 feet, as measured at right angles to the Easterly
line thereof of the following described property:
That part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West,Washington
County, Minnesota, described as follows:
Beginning at the Northeast Quarter of the South 771.07 feet of said Northeast Quarter, as
measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45
minutes 42 seconds West, assumed bearing, along said North Line 1800.79 feet;thence North 55
degrees 42 minutes 48 seconds West 278.00 feet to the center line of Trunk Highway 5, as
presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said
center line 1185.28 feet to the South line of the North 801.66 feet of said Northeast Quarter as
measured at a right angle to the North line of said Northeast Quarter; thence North 89 degrees 54
minutes 56 seconds East along said South line 1383.19 feet to said East line of the Northeast
Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 1017.03 feet to
the point of beginning, containing 41.20 acres,more or less.
Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to
restrictions and easements of record.
Page 136 of 142
AND
That part of the West Half of the Southwest Quarter of Section 5, that part of the
Southeast Quarter of Section 6, that part of the Northeast Quarter of the
Southwest Quarter of Section 6, that part of the Southeast Quarter of the
Northwest Quarter of said Section 6 and that part of the Northeast Quarter of said
Section 6 all in Township 29 North, Range 20 West, Washington County,
Minnesota, described as follows:
Commencing at the Southeast comer of said West Half of the Southwest Quarter of Section 5;
thence North 01 degree 48 minutes 09 seconds West, assumed bearing, along the East line of
said West Half of the Southwest Quarter a distance of 1733.20 feet to the point of beginning;
thence South 89 degrees 50 minutes 41 seconds West parallel with the South line of said West
Half of the Southwest Quarter a distance of 1325.39 feet to the Westerly line of said West Half
of the Southwest Quarter; thence South 88 degrees 54 minutes 15 seconds West parallel with the
South line of said Section 6 a distance of 3332.47 feet to the center line of Old Trunk Highway
212 as located and traveled in 1923; thence North 33 degrees 26 minutes 30 seconds East along
said center line 996.03 feet; thence North 34 degrees 17 minutes 12 seconds East along said
center line 100.41 feet to the North line of said Northeast Quarter of the Southwest Quarter;
thence South 88 degrees 45 minutes 42 seconds West along said North line 3.69 feet to the center
line of Trunk Highway 5 as presently located and traveled; thence North 34 degrees 17 minutes
12 seconds East along said center line 609.44 feet to the North line of the South 496.00 feet of
said Northeast Quarter; thence North 88 degrees 45 minutes 42 seconds East along said North
line 2342.42 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes
03 seconds East along said East line 496 feet, more or less, to the Northwest corner of said West
Half of the Southwest Quarter; thence North 89 degrees 46 minutes 17 seconds East along the
North line of said West Half of the Southwest Quarter a distance of 1324.32 feet to the Northeast
corner of said West Half of the Southwest Quarter; thence South 01 degree 48 minutes 09
seconds East along said East line of the West Half of the Southwest Quarter a distance of 910.86
feet to the point of beginning.
EXCEPT that part thereof being the tract described in Document No. 468927 recorded and on
file in the office of the County Recorder, Washington County, Minnesota.
Subject to Trunk Highway 5 along the Northwesterly line thereof.
The total area of this parcel is 118.00 acres,more or less.
Subject to restrictions and easements of record and subject to a drainage and ponding easement
over that part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West,
Washington County, Minnesota lying Easterly of the Easterly right of line Trunk Highway 5
described as follows:
Commencing at the intersection of center line of said Trunk Highway 5, as presently traveled,
and the South line of the North half of said Section 6; thence North 34 degrees 17 minutes 12
seconds East, assumed bearing, along said center line 288.78 feet to the point of beginning;
thence South 55 degrees 42 minutes 48 seconds East 85.00 feet thence South 11 degrees 42
minutes 48 seconds East 115.00 feet; thence South 84 degrees 42 minutes 48 seconds East
110.00 feet; thence North 00 degrees 21 minutes 42 seconds East 248.93 feet; thence North 55
degrees 42 minutes 48 seconds West 125.00 feet to said center line; thence South 34 degrees 17
minutes 12 seconds West along said center line 180.00 feet to the point of beginning, containing
0.71 acres,more or less. Page 137 of 142
AND
Outlot `A' and Outlot `B', Kern's Education Addition, as platted and on file and of record in the
Office of the County Recorder of Washington County, Minnesota.
Page 138 of 142
ATTACHMENT B
�E.
.1
Conditional Use Permit Amendment
Stillwater Area High School(ISD#834)
Lacrosse Equipment Storage Building
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing&Recommendation: September 13,2018
Required Approvals: CUP Amendment
City Council 4/5
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)
CUP Amendment:
An amended conditional use permit may be applied for and administered in a manner similar to
that required for a new conditional use permit. Amended conditional use permits shall include
reapplication for permits that have been denied,requests for substantial changes in conditions or
expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance
401. (401.03.C.5)
Page 139 of 142
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Page 140 of 142
Oak Park Heights
Request for Council Action
Meeting Date September 25th,2018
Time Required: 5 minutes
Agenda Item Title: Metropolitan Ai o ommission—Joint Ai ort Zoning Board.
Agenda Placement New Bus' r1ohn
Originating Department/R uestson Cily Administrator
Requester's Signature
Action Requested Discus bn/Possible Action
Background/Justification( ase indicate if any previous action has been taken or if other public
bodies have advised):
The Metropolitan Airports Commission (MAC) is seeking the City to appoint two representatives to a Joint
Airport Zoning Board, (JAZB). Please see the attached letter dated 9112118.These appointments may be any
person the City Council feels capable of representing the City.
There will be an informational meeting on Oct 9th where more information can be secured that will explain
the purpose, scope and process for such JAZB.
The Council might desire to gamer the information at the meeting before considering any appointments so
as to better understand the context.The JAZB is planned to convene in November or December; But, if you
might know of anyone that might be interested please reach out to them.
Page 141 of 142
w
ra`'o+%+ +eipr t
Metropolitan Airports Commission
} w
604028th Avenue South, Minneapolis, MN 55450 •612-726-8100 •metroairports.org
�h�sRvoPt`
September 12, 2018
Mr. Eric Johnson
City Administrator
Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights, MN 55082
Dear Mr. Johnson:
The Metropolitan Airports Commission (MAC) intends to establish a Joint Airport Zoning Board (JAZB)
to develop and implement an Airport Safety and Land Use Zoning Ordinance (Airport Zoning Ordinance)
for Lake Elmo Airport.
Airport Safety and Land Use Zoning is prescribed in Minnesota Statute 360.061 through 360.074 and
MnDOT Aeronautics Rules 8800.1200 and 8800.2400. Through a collaborative process, the JAZB will
seek to develop an Airport Zoning Ordinance that achieves a balance between a reasonable level of
public safety and compatible community development by addressing both land use and height restrictions
in the vicinity of Lake Elmo Airport, particularly off the runway ends.
State Statute requires MAC to create a JAZB for Lake Elmo Airport. The JAZB will consist of two
representatives from each affected community and two representatives from MAC. The communities
that will likely be affected by the Airport Zoning Ordinance are Baytown Township, Lake Elmo, Oak Park
Heights, Washington County, and West Lakeland Township. Each of these communities is invited to
participate in this process and to appoint two representatives to the JAZB. We would like to convene the
JAZB for its first meeting in November or Acember 2018.
"
Before the JAZB is formally convened, we would like to hold an informational meeting to provide
additional background about the process, and to address any questions that you may have before
appointing representatives. This informational meeting is tentatively scheduled for 3:00 p.m. on Tuesday,
October 9 at the Baytown Township Community Center located at 4020 McDonald Drive North.
If you would like additional information regarding formulation of the JAZB for Lake Elmo Airport, please
contact Neil Ralston, Airport Planner, at(612) 726-8129.
Sincerely, 1
Rw�ort Guy be a��0o�w��
Bridget M. Rie , P.E. ® O CA ql, ?Ae
Vice President, Planning and Development
•{o tarn
Minneapolis-St Paul International - Make - Anoka County-Blaine - Crystal - Flying Cloud Lake Elmo - St.Paul Downtown
Page 142 of 142