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weekly notes - November 16th 2018
CITY OF OAK PARK HEIGHTS—WEEKLY NE r: November 16*,20.18 QT/ TO: City Council Members& ff FROM: Eric Johnson,City Adm' istr Zonina and Develo merit Items: 1. An application has been received for a possible use car dealer—boutique space at the office building located behind Superknerica (near NAPA).This would require a Conditional Use P mit_ 2. The City has received a complaint regarding the asonal holiday lighting now installed on Fury Motors and at the Starbucks building. Generally,these are compliant if installed for the oliday season, however the City's ordinance should be clarified as to define the'holiday season°and/or to insert some time limits. Staff will hope to have that draft to you in the coming weeks. Simonet's Furniture has not yet complied with the removal of their small—building crown lights—a final 10-day warning has been issued. 3. The City has begun to reduce small portions of the Letter of Credit related to the Palmer Station,however the City still holds over$1,000,000 to ensure that project is wrapped up.See the enclosed letter reducing such amounts by$71,022.00. 4. The person seeking a home occupation license for a cat breeder(upper 55th street)has supplied some information and has licensed their animals to date.We are awaiting proof of their State permits and the matter will likely be on the 12/11 Council meeting as it will require a public hearing with related 10-day posting and legal advertisement. OTHER ITEMS: • The Council did discuss sending a communication to Sen. Housley& Rep-elect Christensen to discuss two topics. Please see the enclosed letter that is being sent next week. There is not yet a final mailing address for Shelly Christensen and we will need to verify that. • Please see the letter of commendation to Sgt.Chris Vieriing from Chief DeRosier—dated 1119/18. • The NO WAKE ZONE item is planned to be back on the Council Agenda for 11/27. The City has received the enclosed email from Steve Ku4 commenting on the matter. I have reached out to the SherrifPs Office and they will have staff present at such meeting to possibly discuss options relating to enforcement of current rules and or perhaps answer questions. M ffor McComber provided: 1. NLC Weekly for 11/11/18 2. MNDOT update on the Loop Trail 11/14/18 3. MAOSC Update for 11113/18 4. Various Documents related to Lower St Croix Management Commission 5. Chamber of Commerce Holiday Mixer—Dec 11th 5-7 pm Please let me know if you have any questions-651-253.7837 Call Anytime. 1 of 63 City of Oak Park Heights 14169 Oak Peds Blvd N.Box 2007.Oak Peck Heigb%MN 55082•Phone(651)4394434•Fax(651)439-0574 November 13,2018 TO: Olivia Gavic,QwAive Homes Inc. 707 Commence Dr.,Suite 410 Woodbury,MN 55125 RB: Letter of Credit Reduction request—Plan A—Elements-$71,022.94 Dear Ms.Gavic I am in receipt ofthe attached email requesting that the City reduce the current letter of credit required for the PWmer Statical—Private Elements—Plan A-by the amount of$71,022.24.Proof of payment to Miller Exc,is also aftached from you. At this time the City is willing to reduce a portion of these security LOC.The purpose of the security is to ensure final,functions]and operational completion of such elements as approved.We have made the following determination: i. The AUMj upon Mulft md a RMIM in the Davelopefs AgERimig is 1090 70.00 The City will reduce that-Mount by S71a ZQ Z.94 "Unce is$1.019347.06 :F A j es should you wish f rther reductions please tet me know. Sin , . f City straw Cc- Maris Vier&&City Attorney Lee Mann,City Engineer 2 of 63 LAKE ELMO BANK A TRADITION of stnvlce August 7,2018 Irrevocable Letter of Credit No. 541 To: City of Oak Park Heights City Administrator 14169 Oak Park Blvd Oak Park Heights,MN 55082 Gentlemen: We hereby establish in favor of the City of Oak Park Heights this Irrevocable Letter of Credit Number 541 for the account of Creative Home Construction Investments LLC,707 Commerce Drive,Suite 410,Woodbury,Minnesota 55125 for Palmer Station in an aggregate amount of $1,090,370.00. This LETTER OF CREDIT shall be deemed automatically renewed without modification for one (1)year from August.7,2019,or any extended expiration elate unless sixty(60)days or more prior to such slate we shall notify you by registered or certified mail that we elect not to extend this LETTER OF CREDIT for any such additional period. Partial drawings permitted. Each draft wider flus Letter of Credit must; 1.Be signed on behalf of the City, 2.Bear on its face the clause"drawn under Lake Elmo Bank Letter of Credit Number 541,dated August 7,2018;and 3.Be accomplished by a certification signed on behalf of the City of Oak Park Heights that either(i)Creative Home Construction Investments,LLC has failed to comply with the terms of the Developers Agreement dated October 31,2017,or(ii)this better of Credit will expire within sixty(60)days and this Letter of Credit has not been renewed or replaced as required. The original of the Letter of Credit is NOT required to be presented to draw upon this Letter of Credit. We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of the credit will be duly honored upon presentation, stillwater office Lake amo Office Oakdale Office 1937 Greeley$Viet South 11465 39th Sftet North • Past Office Box 657 604 Inwood Avenue North Stillwater,MN 55082.6412 lake Elmo,MN 55002-0657 Oakdale,WIN 55128-7094 6S1 A39.76W • Fax651.770.4400 651.777.8365 - Fax 631.773.4739 651.576.7769 • Fife 651.748.4817 19 MEMBER FDiC LAKEELM06pNK.COM 3 of 63 This Agreement will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the State of Minnesota without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits ofthe Intemational Chamber of Commerce,ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Minnesota. Lake Elmo Bank By: / ,� 4.A4 Eric C.On& Vice FrImilet 4 of 63 Invoice 3r r Sl Ol to InvoJos 0 Phone:(651)439-1637 9/27/2018 26503 PAI Fax: (651)351-7210 Big TO Crmdve Homes VO.No, 707 Commerce Drive Suite 410 Woodbury,MN 55125 P"80 18244 Palmer Station ResidwdW Description Est Qty Mate UIM Prior OW Pft Amt Curr.tit Curr.Amt > Removals 1 32,860.00 is 0 0.95 31,217.00 PAVSiGn Candtol 1 16,433.00 LS 0 0.9 14,789.70 1 mdmg&Eaft in8 1 82,153.00 LS 0 0.33 29,753.55 tom Smar 1 31860.00 LS 0 0 0.00 UbbDW 74,760.25 ,ztdn a(dLw to Miller Hap-) -3.0095 -3,738.01 dw Tax 0.00 Remit Payment To: Total $71,022.24 Miller Excavating,Inc. PO Bax 200 Payments 50.00 Bayport,MN 55043 Balance Daae $71,022.24 5 of 63 99i1 212098 Cmlve Home Construction inn tli s^LLC tis.Bork NP Mr W Ate, 6043 WCDMMMDr fte OM MA-YORcriz VON".MN WX WOOMMY.1e N12a [� ]0/19VTA�B E]rrierof M11w!!!avM! g,l�G •+710 ,�4 I ! MAM'K7r*WJWLGW IPENTTTMAND 2064**'�'****'"t:�,rrr+.,r,�,e+err,►��r�* �� nc. I Bayport,MM SM i M-w 1l244 olmer S m jMMW 1 p01" �.a4�oaoQaz�: ioa�aa��.gs�s�s�a�.� c ! n . a c � L41 r r 6 of 63 119 r. City of Oak Park Heights Paga 1 of 1 14168 Oak Park Blvd. N•Oak Park Heights,MN 55482•Phone(651)439-4439•Fax(651)439-0574 November 100,2018 Senator Karin Housley, Minnesota Senate-District 39 95 University Avenue W. Minnesota Senate Bldg.,Room 3217 St.Paul,MN 55155 Representative Elect Michelle(Shelly)Christensen Minnesota District 39 B State Office Building St.Paul,MN 55155 Dear Senator Housley and Representative-Elect Christiansen: The City Council for the City of Oak Park Heights is requesting to set up a meeting with each or you, or perhaps both of you concurrently, so we could bring you up to speed on critical issues that are evolving in our community. We would believe that these are topics that would be of interest to you as these directly impact local commerce,traffic safety and property tax shifts. Specifically: • The City is working diligently to find methods of relief for the growing congestion along STH 36 and especially at its intersection at Norell Ave. (formerly where the Eagle's site was). We would like to snare information on the apparent deficiencies, the proposed layout plans to address the situation and our funding commitments and shortfalls. • The City is also continually challenged with matters related to Xcel Energy and we would like to share with our concerns with you related to recent items being: Valuation reductions of the Xcel Energy Allan S.King Plant as approved by the State which then shifts tax burden to homeowners. And,how we move into the planning phases for the Plant's closure and our transition out of being a"host community". We do understand that you are very busy preparing for the upcoming Legislative Session and so the Mayor and Council are prepared to meet on dates/times that may be most advantageous to your respective calendars so that we may fully inform you of these matters.Please contact us with a date and time that will work in your schedules. In the interim, please let me know if you have any questions on these(or other topics) and I will respond promptly. Kind Re c son C1 Administrator 7 of 63 CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT 14168 Oak Park Blvd. N., P.O. Box 2007 Oak Park Heights, MN 55082 November 9, 2018 To:Sgt Chris Vierling Re: Letter of Commendation In 2016 while working investigations Sgt.Vierling monitored radio traffic of a theft in progress at a local retail store. OPH PD Patrol Officers were being dispatched. Sgt.Vierling responded to assist and lead the possible investigation. Sgt.Vierling did an outstanding job at the scene realizing the suspects were dealing in stolen credit and gift cards. His investigation lead to the arrest of 3 suspects and the seizure of the vehicle they were using. Subsequent search warrants on the vehicle produced the recovery of a large amount of stolen retail property,greater than 50 different individual stolen credit cards and electronic information of other stolen credit cards, and illegally purchased gift cards using those credit cards. Sgt.Vierling spent months tracking down victims and bank information and correlating the stolen credit cards to the gift cards. He worked with special agents from the MN Dept. of Commerce and the US Secret Service to facilitate the recovery of stolen funds issued to hundreds of gift cards. The investigation and successful prosecution of the suspects has taken over 2 years to complete. Sgt.Vierling's diligent and hard work in this case led to the recovery of over$7,000.00 in funds that would otherwise have been lost. These funds were recovered and jointly dispersed between the Oak Park Heights Police Dept., MN Dept.of Commerce,and US Secret Service. These funds provide further opportunity for investigative training and equipment. I commend Sgt.Vierling on his work. His professional and dedicated work is a reflection upon himself and the Oak Park Heights Police Department. Chief Brian DeRosier Oak Park Heights Police 8 of 63 E 'c Johnson From: Steve Kuzj <stevekuzj@comcast.net> Sent: Monday, November 12,2018 3:08 PM To: Eric Johnson Subject: Re: No Wake Zone- Request from Sunnyside Marina - short follow-up Having a hard time believing Oak Park Heights want's to maintain a unsafe waterway. The cost to you is absolutely nothing to forward the no wake proposal. The few people that have a greed for speed can still go wide open for 93% of the navigational St.Criox. That is from Prescott to Arcola bridge. After that it is too shallow for them anyhow. Why someone would not slow down for a couple of minutes to provide safety to others is irresponsible. Do you really want to be a part of ' that? Sunnyside and the adjacent condominiums have pages of signed petitions. A No WAKE was imposed during the bridge construction with no problems or complaints. So, why can we not have the same protection and support the workers had? One thing you may want to consider to please BOTH sides is a Limited wake zone. Weekends and holidays only.This was done with waterskiing and wave runners with great success. North of Stillwater. This compromise may appease both side . A better solution than doing noting. On October 18, 2018 at 8:26 AM Eric Johnson<eajohnson@cityofoakparkheights.com>wrote: 10-17-18 Dear Interested Peron(s): You are receiving this email communication as a follow-up to the public hearing the City Council held on 9/25 relating to the request by Sunnyside Marina to support the establishment of a NO WAKE zone. You listed this email at the sign-in sheet. (some email addresses were difficult to read) At this time the City is still awaiting data from the MNDNR as to incidence of enforcement of current regulations. We suspect that data will be received soon. 9 of 63 The City Council is anticipating to review and potentially discuss any received data at the regularly scheduled Council Meeting on 11/27—6 pm. Please let me know if you have any questions. Thank you, Eric Johnson. City Administrator 651-439-4439 Eaiohnson ODcityofoakparkheiehts.corn z 10 of 63 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Sunday, November 11, 2018 12:36 PM To: Eric Johnson Subject: Fwd:City Summit by the Numbers For weekly notes -----Original Message---- From: National League of Cities <news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sun, Nov 11, 201811:24 am Subject: City Summit by the Numbers View ini� Congressional city Conference March 10-13,2019 1 Washington,DC q I, SAVE NOW Early Bird Rate Discount ur 51 FORS 4 Get 15% Off ss The Weekly 11 of 63 kA AN t It's Been an Incredible Week at City Summit in Los Angeles! More than 3,800 city leaders and delegates gathered in Los Angeles this week for the 2018 City Summit. They experienced four days of inspiring and visionary speakers, engaged in hands-on learning experiences, and connected with their peers from around the country to learn from each other and share strategies and solutions. City Summit by the Numbers: 3,800+ Attendees z 12 of 63 - � � j . ?: - : . ! , / «t City Summit drew more than 3,800 city leaders and delegates from all 50 states and the District Of Columbia. 250+ Vendors in the Expo Hall 3 13¥63 alb � s ro Delegates discovered tangible solutions from more than 250 vendors offering services ranging from business supplies to public utilities in the City Summit Expo Hall. 50+ Networking Events 4 14 of 63 x { 4 w i City Summit is all about making connections and building relationships. Delegates engaged with each other at more than 50 networking events at the convention center and around the city. 4 Research & Resource Publications 15 of 63 NLC released four major publications: • Cities Count: Preparing for the 2020 Census • Veterans First: An Approach to Meet the Housing Needs of Seniors • Basic Income in Cities: A Guide to City Experiments and Pilot Projects • R.E.A.L. Profiles: How San Antonio, Texas and Park Forest, Illinois are Approaching Racial Equity 4 NLC Officers 6 16 of 63 LC Irk 'j The NLC membership elected the organization's 2019 officers: President: Karen Freeman-Wilson, mayor, Gary, Indiana First Vice President: Joe Buscaino, councilmember, Los Angeles, California Second Vice President: Kathy Maness, councilmember, Lexington, South Carolina NLC Immediate Past President: Mark Stodola, mayor, Little Rock, Arkansas 3 General Sessions 17 of 63 eVIC 14 X* rq LC I w ° Delegates heard from inspiring speakers during three City Summit general sessions, including Mayor Eric Garcetti and Elon Musk, Maria Shriner, CNN's Ron Brownstein and Esri CEO Jack Dangermond. 1 Amazing City Summit! 18 of 63 News 3,800 City Leaders Convene in Los Angeles for National League of Cities 2018 City Summit NLC News Release — November 7, 2018 National League of Cities and Stanford Basic Income Lab Release First-Ever Guide for Piloting Universal Basic Income in Cities NLC News Release — November 7, 2018 National League of Cities and League of California Cities Issue Joint Statement on Thousand Oaks Shooting NLC News Release— November 8, 2018 New Research Shows Housing Issues Can be Tackled by Focusing on Veterans First NLC News Release — November 9, 2018 National League of Cities Announces $100 Million in Partnerships to Support Entrepreneurship, STEM Education and Innovation in Communities Across America NLC News Release — November 9, 2018 National League of Cities Announces 2019 Leadership and Board of Directors NLC News Release — November 10, 2018 City Leaders Elect Mayor Karen Freeman-Wilson 2019 President of the National League of Cities NLC News Release -- November 10, 2018 Announcements 9 19 of 63 Expand your network. Join an NLC Group Some of the most valuable benefits of NLC membership are the relationships city leaders can form with their peers. Through our networks, council, groups and committees, municipal leaders share creative ideas, learn from peers, shape NLC policy on federal issues and grow as local leaders on the national stage. Apply today to be a part of NLC's signature networking and policy development groups. Applications are due Friday, November 30. Learn more here. Events March 10-13 — Congressional City Summit (Early Bird - 15% Off Ends 12/31) Job Postings Research Director— Everytown for Gun Safety (New York, NY) Public Works Director— City of Umatilla, Oregon City Administrator— City of Fairburn, Georgia IMMONAL LEANZ H11"z- open= me You may opt out of email communications from NLC at any time. Update your communication preferences This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450 Washington, DC 20001 Privacy Policy ©2018 NLC, All Rights Reserved Powered by Higher Logic io 20 of 63 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Wednesday, November 14, 2018 10:07 AM To: Eric Johnson Subject: Fwd:Wisconsin Loop Trail construction completed for 2018 For weekly notes ----Original Message— From: MnDOT<mndot@public.govdelivery.com> To: marymccomber<marymccomber@aol.com> Sent:Wed, Nov 14, 2018 8:44 am Subject: Wisconsin Loop Trail construction completed for 2018 Having trouble viewing this email?View it as a Web roage D E ;A TMAE IN[ TOF 4 7 TRANS "PORITATION Wisconsin Loop Trail construction completed for 2018 Trails and trailheads closed this winter, work resumes spring 2019 Construction on the Wisconsin loop trail project is complete for 2018 with a number of major accomplishments. During this past construction season, we completed the loop trail from the pedestrian tunnel to the lift bridge through Houlton, built three parking lots and constructed two trailheads. Work on the loop trail will resume in the spring of 2019 and includes completion of work on the old Wisconsin State Hwy 64 hill (pavement marking and signing) installation of pedestrian railing and installation of a new "Welcome to Wisconsin" sign on eastbound Hwy 64. And although the trail and trailheads have been available for use this year,the trails and trailheads will be closed this winter.The pedestrian tunnel also is closed for the winter and blocked off by safety fencing. You will still be able to access the trail leading from the park and ride lot to the St. Croix Crossing. However,the loop trail from the Hilltop Trailhead down to the lift bridge is closed and blocked off with safety fencing and barricades. 21 of 63 The Park and Ride will be open since is not considered a trailhead, but the trails will not be plowed. The main trailhead located across from Houlton Elementary will not be open until work is nearly complete next year. You are urged to please stay out of construction areas as there are a large number of construction vehicles, uneven terrain, excavation, drop-offs and other unsafe conditions that pose a risk to anyone who does not belong in the work area.Anyone caught trespassing in the project area could be cited for trespassing. Your cooperation is appreciated to keep everyone safe during construction in both states. More about this project Maps of available parking and loop trail access in both states can be found at: mndot.gov/stcroixcrossing/design.html#minnesotaloop. .For updated road condition information, call 5-1-1 or visit: 511mn.org. In Wisconsin, please visit: 511wi.gov/ MnDOT - m ndot,gov Stay Connected with Minnesota Department of Transportation: aJ LOWL U MnDOT's Social Media Hub » SUBSCRIBER SERVICES: Manage Subscriptions I Unsubscribe All i Help This email was sent to marymccomber@aol.com using GovOelivery Communications Cloud on behalf of: Minnesota Department of Transportation•395 John Ireland Blvd•Saint Paul,MN 55155 rvwuvwrp 2 22 of 63 MAOSC State Newsletter—November 13,2018 Open Appointments Extravaganza Earlier this month,the Secretary of State's office released the mother lode posting of vacancies listed for various state boards, councils and committees that will be accepting applications over the next few weeks.With the governor's term ending at the end of the year,many of the 774 vacancies posted are associated with the change in administration. Many vacancies appear well-tailored for MAOSC members. For instance,among the several Center for Rural Policy and Development vacancies there's an opening for a rural resident from an under-5,000 population community. BOWSR is looking for a non-metro elected city official.The entire Metropolitan Council is open for appointment(for non-elected residents of the Twin Cities area only).The new governor will be appointing 1S members of his Task force on Broadband.The highly varied list goes on and on. You might recall that the newly created Legislative Salary Council gained considerable attention two years ago with its initial salary determinations.Now,half of the members—those from even-numbered Congressional districts—will be replaced to stagger the four-year terms.MAOSC Board member James Joy continues to serve on the Council,as he represents the Seventh District. We urge our civic-minded MAOSC members to participate in these statewide and regional councils.For more information,see: htt s: content. ovdelive .com accounts MNSOS bulletins 21892a9 ® Minn r% Political Scene Our feature segment"Minn Political Scene"keeps you updated with brief mentions of particularly notable activities throughout this busy election year. Statewide The"blue wave"national election hit more strongly in some places than in others,but clearly the strength of voter turnout in the entire metro Twin Cities moved Minnesota more strongly into the DFL column.Strength at the top of the ticket was evident with Tim Walz defeating Jeff Johnson easily in the Governor's race,and the other state constitutional offices going to DFLers,including Keith Ellison outpolling Doug Wardlow in the Attorney General race;Steve Simon was re-elected Secretary of State,and Julie Blaha takes over as State Auditor. Walz has sent out a message that he hopes to reach out to all constituencies,attempting to bridge both partisan and geographic divides.In our survey of the gubernatorial candidates,Walz expressed strong state support for MAOSC core issues such as city streets,water infrastructure,workforce housing,broadband and local autonomy.We will be reminding the Walz team about those commitments over the next four years. See Survey responses: htt : ►les.constantconta -com 3 b79a0b1 1 d17 e8e 5 -494a-ba -dd4744184cOd. For updates on the Walz transition team,see: hans://mn.aov/tim-walz/ Legislative Most of the legislative attention focused on the House where the DFL went from 57-77 minority to a 74-59 majority(which could grow after an expected recount in the Bemidji area—District 5A,where the DFLer leads by only eight votes).Melissa Hortman of Brooklyn Park will be the next House Speaker and Ryan Winkler of Golden Valley will serve as Majority Leader.An animated Hartman was receptive to the goals of small cities when she met with MAOSC officials as House Minority Leader(see photo in email version of this Newsletter).On the Republican side,Kurt Daudt of Crown will revert to the Minority Leader position he had held previously. In the Senate,Republicans held onto the District 13 seat in a special election to keep the minimum 34-33 majority in place.Matt Gazelka of Nisswa continues as Majority Leader and Tom Bakk of Cook stays as Minority Leader.The new Senate President is Republican Jeremy Miller of Winona. 23 of 63 For the first time in modern history,none of the top state and legislative office holders are residents of the core metro cities of Minneapolis or St.Paul. Federal Minnesota was not part of the Congressional"blue wave"contributing to the substantial shift in the U.S.House. Democrats retained their two Senate seats with Amy Klobuchar winning in a landslide for a six-year term,and Tina Smith winning the special election for the remainder of Franken term--up for election again in 2020.Half of the Minnesota House delegation will be newcomers. Republicans flipped the extremely close e-going to Jim Hagedorn over Dan Feehan,and the 81h-going to Pete Stauber who defeated Joe Radinovich.Democrats claimed two new seats,as well,defeating incumbents in the 2nd and 3'd districts.Newcomer clean Phillips defeated Erik Paulsen by a fairly wide margin in the 3rd,and Angle Craig won her rematch with Jason Lewis in the Second. Longtime Seventh District Congressman Collin Peterson won a close race over Republican Dave Hughes.Look for the Seventh District to be a more heavily targeted race in 2020 than the Third District where voters are clearly moving toward the Democratic column.In the Fifth District,Ilhan Omar becomes the first Congressperson of Somali descent elected,matching her similar feat accomplished at the state legislative level two years ago. New Major Parties The number of major parties will now double.By winning the minimum 5%vote necessary in a statewide race and getting at least one of the votes in all 87 counties,both the Grassroots—Legalize Cannabis Party and the Legal Marijuana Now Party will be much better positioned to raise their visibility,collect public subsidies,and participate in candidate debates. Better known in previous races simply as the Grassroots Party,the GRP is viewed as more homegrown(so to speak)with a wider issues platform compared to the newer and more narrowly focused Legal Marijuana Now Party that has a higher national profile. These parties are both assured of retaining major party status under state law until at least the 2022 general election.They would have the option,though,to merge or rename themselves at any time.Minnesota has a rich tradition of strong multiple parties.The DFL was created via merger during the first half of the 201h century.More recently,Jesse Ventura was the winning independence Party candidate 20 years ago this month. Redistricting When it comes to state and federal redistricting coming in 2021,not a whole lot has been settled.With all 67 Senate and 134 House seats up for election in 2020,partisan control of who writes the new maps remains up in the air.However,it is now clear that Republicans cannot totally control the process because Tim Walz has a four-year term extending past the 2022 election. Like every other state,Minnesota will try to count every single person living in the state during the 2020 Census before the next general election as the precursor to redistricting.The Census includes citizens,foreign workers with papers and those who are undocumented living in the USA.Midterm campaign rhetoric from President Trump and others who oppose immigration most likely will make it more difficult to count those who are undocumented.Given that most states closer to the Mexican border have a far-larger proportion of undocumented residents avoiding the census count,Minnesota very possibly stands a better chance to retain its current standing with eight House seats in Congress,and 10 Electoral College votes.By law,though,everyone who is residing in the U.S.on April 1,2020 is supposed be counted and represented equally. Gold Sponsor Feature: Nighthawk Marketing The MAOSC newsletter regularly highlights our top sponsors,showcasing the services they provide to small cities across Minnesota. This month we feature Nighthawk Marketing-ivighthawkMarketincl.com Nighthawk Marketing is an innovative web design and digital marketing company located in downtown Minneapolis.Their services cover web user experience testing,design,development,support,video production,and graphic design.As a WOSB firm that carries master contract agreements with the State of Minnesota,Nighthawk Marketing provides a streamlined contracting process for Minnesota cities looking to hire a qualified and state-approved vendor. "We offer comprehensive,yet affordable services to all types and sizes of government entities—municipal,city,county,state and federal,"said Andrea Douglas,Nighthawk Marketing founder and CEO. 24 of 63 The firm provides cities with the tools to engage and interact with their community online through their website and social media platforms."The internet has become the first resource-for the vast majority of people when they need to find an answer to a question,locate a service,or conduct business,"Douglas said. Their websites are designed to meet city requirements for today and accommodate growth for the future.They enhance the experience of site visitors by being responsive,engaging,and easy-to-navigate with vibrant design elements that are brand compliant and community focused.Websites are built using WordPress or Drupal,which are gaining popularity as cities seek out lower-cost,scalable open source solutions.Best of all,cities don't need programming experts on staff to update and manage content,thanks to an easy-to-use WYSIWYG editor and staff training. "We are very excited and proud to be a sponsor of MAOSC over the past few years.It has been a pleasure designing their annual marketing brochure,"Douglas said."We look forward to supporting their efforts in helping small Minnesota cities thrive in today's digital environment." To learn more about Nighthawk Marketing,visit Road Improvement Projects We are happy to report that sloppy end-of-session lawmaking did not ultimately cost$15 million that was owed to the Local Road Improvement Program(LRIP).The unpopular administrative decision we reported last month has been reversed,allowing for a full 2018$35 million LRIP grant program funding 56 local projects across the state. Given that the 2017 LRIP solicitation yielded$125 million in eligible requests,MnDOT still decided against soliciting new applications in 2018.Instead,funding is being distributed to the existing list of eligible requests from 2017.Small cities will receive more than$8.64 million in recently announced grants,including projects in these MAOSC-member cities:Ada,Lewiston, Marine on St.Croix,Perham,St.Stephan,Springfield and Vesta. a b cifyscapes Community effort bolsters Child Care in Franklin A lot of interesting things are happening in small cities all across Minnesota. We want to expand on these items,so we decided to start a new feature segment called cityscapes.Member city Fron1din is host to our inaugural cityscapes feature. Numerous small cities across the state are struggling to obtain adequate and stable child care for families living and working in their communities.In Franklin,a small dedicated group worked together to tackle not only the child care issue,but provide for a much-needed community center,as well. In recent months,the MAOSC Board and other city officials attending LMC regional meetings have more strongly identified the pressing challenge of locating quality child care,especially in smaller communities where,most often,few choices exist.While regulators at the state,county and school district levels traditionally are more involved with centers and home-based child care, cities are responding based on economic development,workforce and quality of life concerns in their communities. In Franklin,the crisis quickly became evident within a span of a few months as three of four home-based child care operations decided not to continue.Joel Harmoning,president of Franklin industries,is one of the central players in what became a unique solution to two major community problems.Franklin Industries was formed as a private corporation that put together the necessary community involvement and financing for the Cedar Mountain Cougar Cub Child Care Center opened in late 2016, followed by the opening of the adjacent community center in early 2017. 25 of 63 The child care center and community center both operate on a 15-year lease-to-own basis,owned by Franklin Industries.The child care center is operated by the school district,which carries the necessary license and insurance,and will take over as building owner at the end of the lease period. In order to achieve"community buy-in,"shares were sold to Franklin area residents as part of the public-private financing.With the help of several civic-minded local contractors and some highly efficient planning,the two facilities were built with both cost containment and quality in mind.One of the major cost savers came via cooperation between the child care center and community center through a cross-use agreement,making a fewer number of bathrooms necessary. Harmoning noted that the child care center will make a big difference for the school district by keeping pre-school youngsters in Franklin who otherwise likely would have been lost to another district for their K-12 school years.The center also employs a staff of nine,attracting young people to the community who are trained in early childhood education. While Harmoning has some strong ideas for making the state Department of Human Services child care center building approval process more user friendly,the completed project nonetheless recently received highest honors from the DHS commissioner. Franklin Industries and the Cedar Mountain Cougar Cub Child Care received the 2018 Circle of Excellence Award. Franklin Industries has begun helping other communities that have started planning for new child care centers.If your community is interested in working with Franklin Industries,please contact Joel Harmoning at 507-557-7000. Please share your cityscapes ideas with MAOSC communications speciolistlames Robins by calling or texting him at 612-597- 0214,or by email at jnr@iomesrobins.com. Minnesota Association of Small Cities shor#s Minnesota Small Cities'Shorts "Small Cities'Shorts"are brief yet noteworthy items featuring MAOSC member cities and officials.Readers can submit potential Small Cities'Shorts or other feature ideas by emailing lames Robins at: inr@iamesrobins.com The eight new polling booth curtains in Red Lake Falls caused quite the stir when the red ones were stationed to the right and blue curtains were lefties. Washington Post writer and Red Lake Falls resident Christopher Ingraham reports on the solution: httas.11twitrear.coml cin raham stats 10 9919233759567872 The boy and girls on the Perham High School cross country teams achieved an unprecedented Minnesota fete,bringing home both of the State Championships two years running.What can you say?Congratulations: h ttDs.,1Vwww.mshsLor mshs! uload MSNSLD8D349CC9620--962D2018962Dreca 9620activi 9620 a e. d Water tests for the new Welcome water tower came back with good results and the city's engineer from MAOSC sponsor Bolton&Menk reports that the new tower has less iron and fewer impurities: An acclaimed chef came to help out his brother in Harmony where his young niece is struggling with leukemia: httn:/,/www.stortribune.com/acclaimed-twin cities-chef;goes-rural-to-help-his-niece-with-leukemia/499452411/ Mn DOT Airports study MAOSC has been invited to participate in the statewide Minnesota Department of Transportation(MnDOT)Airport Economic Impact Study. MAOSC Board member Jon Smith is our representative with James Robins providing staff support.Economic 26 of 63 impact reports will be prepared for all Minnesota airports which can be utilized to attract further economic investment in communities served by airports.At the initial meeting last month,concerns were raised that several of the smaller general aviation airports have failed to respond to initial attempts to coordinate with the study. Many MAOSC member cities have airports in their communities.Please encourage your airport operators to work with MnDOT on this study.The served communities will benefit from participation in the study. Regional meetings wrapping up With the regional meetings put together by the League of Minnesota Cities wrapping up soon,we want to express appreciation to our MAOSC member cities'participants.Either MAOSC executive director Jill Sletten or policy specialist lames Robins attended most of the regional meetings where in-depth issues such as economic development and the child care shortage were highlighted. The last of these regional meetings takes place in the metropolitan area,and is set for Thursday,Nov.29 starting at 1 pm in Golden Valley. Representatives from MAOSC members are also encouraged to attend this week's MAOSC Board meeting set for Thursday,Nov. 15,1:30 to 3:30 pm,at the Paynesville American Legion.We will be recognizing several Board members who will be attending their final meeting.We were sorry to learn that our Board Secretary,.Jeff Kletscher,lost his Floodwood mayoral re-election bid. Under the by-laws,Jeff will have to step down from the MAOSC Board.We wish him the best.We'll be featuring our retiring Board members in the next newsletter,as well as listing the 2019 Board openings. If you are planning to attend the Board meeting in Paynesville,or would like more information,please contact me(Jill Sletten)at 651-260-2484,or by email at islei0slettMOR Com. -END- 27 of 63 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Wednesday, November 14, 2018 3:24 PM To: Eric Johnson Subject: Fwd: Lower St.Croix Management Commission 8-30-2018 Meeting minutes Attachments: 8-30-2018 LWR ST.CROIX MGMNT COMMISSION MEETING MINUTES.pdf;Wakes on the Scenic Riverway Part 6, 30 Aug 2018.pptx; Earth Tone Summer Vegetation Colors.pdf; Report to Lower St. Croix Management Commission.pdf; MN lower st croix boating rules, 2 page brochure.pdf For weekly notes ----Original Message---- From: Fredeen, Heidi (DNR)<heidi.fredeen@state.mn.us> Sent:Wed, Nov 14, 2018 3:22 pm Subject: Lower St. Croix Management Commission 8-30-2018 Meeting minutes Good afternoon, Attached are the minutes from the August 30, 2018 Lower St. Croix Management Commission Partnership meeting. Also attached are the materials presented at the meeting. Thank you, Heidi Hz4ia F4 + Executive Assistant I Region 3 Regional Operations Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5810 Fax: 651-772-7977 Email: heldi.fredeen@state.mn.us mndnr.gov DEPARTMENT OF NATURAL RESOURCES i 28 of 63 LOWER ST.CROIX MANAGEMENT COMMISSION MEMBER AGENCIES: NATIONAL PARK SERVICE—U.S. DEPARTMENT OF THE INTERIOR DEPARTMENT OF NATURAL RESOURCES—STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES—STATE OF WISCONSIN Cooperative Management of the Lower St Croix Nation!Scenic Riverwoy MEETING MINUTES Lower St.Croix Management Commission DATE:August 30,2018 TIME:10:00 am LOCATION:Stillwater Public Library,Stillwater,MN WELCOME AND INTRODUCTIONS: The meeting was called to order by Chairman Keith Parker at 10:00 am.Introductions were made around the room. OLD BUSINESS: Review of minutes from February 13,2014. Dan Bauman(WI DNR)moved to approve,Julie Galonska (National Park Service)seconded. EXPLANATION OF DECISION MAKING PROCESS Keith Parker Most of the time today will be spent on discussion of the No-Wake zone proposal that has been forwarded to the commission for our consideration.Our role as a commission is to consider policies and go back to our respective agencies to make decisions on the proposal.The decision will not actually be made today, but we will begin consideration of the proposal.There is a comprehensive management plan that has been in place since 2001.It needs to be reviewed by each our agencies and updated every 20 years.This corning year,we will begin our review of the plan.The plan takes into consideration things like safety,erosion and boat density,etc.,when making final decisions. STILLWATER NO WAKE ZONE PROPOSAL SUMMARY Tom McCarty,Stillwater City Administrator Background: Late in 2017,the city council was approached by some community members to consider the establishment of a slow/no wake zone on the St.Croix River.The city council held an informational meeting in February 2018,after which staff was directed to do research. City council worked closely with MN DNR Conservation Officer Adam Block to determine how the process works for an update or change of the lower St.Croix River rules on the Wisconsin and Minnesota sides.City council held a public hearing in April 2018 to consider the establishment of a slow/no wake zone.City council considered 40+comments and determined that for public safety reasons, that they would recommend to the DNR and the Lower St.Croix Commission 29 of 63 John Goodfellow,Water Steward "Wakes on the Scenic Riverway"is a preliminary assessment of wake-related issues on the St.Croix River between St.Croix G=alls and the Arcola Sand Bar. Safe Harbor:Earthtone and Summer Vegetation Colors(complete document attached) Buck Malik: To simplify decision for homeowners and administrators,the Partnership Team of the Lower St.Croix Commission identified colors listed on the Pantone Institute charts that satisfy the legal requirement of "earthtone and summer vegetation colors."Other colors may satisfy the laws,but this list(attached)provides a "safe harbor",acceptable to all without further evidence or advocacy. Report to the Lower St.Croix Management Commission from the Partnership Team:(complete report attached) "Between January 2008 and January 2016,the Partnership Team reviewed 90 local government zoning decision affecting properties within the Riverway Boundaries.Information on each of these decisions was provided to the team by the applicable DNR(since expanded from each county or local government).The team does not know if there were additional decisions made,but not reported to either or both of the DNR teams." Public Comment Period: Several community members offered statement both in favor and against the"no-wake"proposal. Additional Agency Updates: Julie Galonska(National Park Service) Park Service is celebrating the 50th anniversary of the Wild Scenic Rivers Act. Park Service is in the final stages of Spill Response Plan that is part of the St.Croix Crossing Mitigation Plan that covers how we will work and respond to spills(oil, rail car spill)that happen along the river way. Dan Baumann(WI DNR) St.Croix Crossing Mitigation Plan is wrapping up. Asian Carp are a significant issue on the Mississippi River that will also have an impact on the Lower St.Croix. Jen Sorenson(MN DNR) Jen has been working with closely with the St.Croix River Association to help generate a booklet that is basically a landowner's guide/primer on basic standards under the river way rules.Helpful for those thinking about becoming landowners along the river way.They also put together a detailed guide to help both city 30 of 63 administrators and landowners when they are considering a project to determine what types of permits, applications and processes are required. It is also available in document form and can be found on the St. Croix Riverways website.Within the last year,they have put together three training sessions for realtors specific to the St.Croix that gives information and resources to realtors. Meeting adjourned. 31 of 63 To simplify decisions for homeowners and administrators,the Partnership Team of the Lower St. Croix Management Commission identified the colors listed below on the chart of the Pantone Color Institute,colors which satisfy the legal requirement of"earthtone and summer vegetation colors." Other colors may also satisfy the laws,but this list provides a"safe harbor,"acceptable to all without further evidence or advocacy. Ordinances,regulations and statutes governing exterior colors of structures in the Lower St. Croix Riverway were established in the 1470's by agreement of the United States Department of the Interior and the states of Minnesota and Wisconsin through their respective agencies and by actions of local governments. The agencies are the National Park Service and the Departments of Natural Resources of the two states. The three agencies join in the Lower St. Croix Management Commission(LSCMC)to make policy decisions. The Partnership Team is an advisory body of the LSCMC and it consists of representatives of all thirty-five local units of government touching both sides of the river from Taylors Falls to Prescott,the St. Croix Band of Chippewa and about fifteen nonprofit organizations. The color requirement is triggered when structures are altered or constructed within the narrow boundaries of the Riverway. Local units of government,through their staff,and subject to review by the same entities that have the power to grant variances(often a board of adjustment or city council),approve or deny color selections. It is desirable to have a system that is simple to administer,objective and uniform throughout the Riverway. The same entities that have the power to grant variances have authority to approve additional colors,not on the list, which applicants persuasively demonstrate, after proper application and hearing to be"earthtone and summer vegetation colors" The Pantone Color Institute is recognized throughout the world as a source of uniform color palettes that are referenced by businesses and governments. Copies of its chart may be obtained at minimal cost,the colors can be related to the color palettes of printers and all paint companies. The National Wild and Scenic Rivers Act and the comparable state laws have as a goal the natural look,as viewed from the river. The premise is that the view is a national resource to be maintained for park users. Conspicuous structures are incompatible with that goal. Accordingly,the Partnership Team applied several principles in choosing the "safe harbor"colors listed below. "Earthtones"were deemed to include only soil and rock colors commonly existing in natural areas of the Riverway. "Summer vegetation" was deemed to include leaves and stems and to exclude 1)colors of blooms,which appear to be nearly limitless,2)birch bark and poplar white, which is highly conspicuous,and 3) shades of red,prematurely dead Ieaves. 32 of 63 ��opIIWIuuuuuuuui .....aaaaauuuiiuulouuuuuuuuuuuluuuuuuiluiluuuuuuuuuuuuuuu...IIuuuuuuuuuuuuuuuuuu losu 1C CMMYK 20-15-93-36 CM1YK,: 11-31-100-3C RGM : 125-117471 fR B. 154-118-17 119C 133C CM1YK: 17-22-100-47 MYK: 11-31-ibo-3 RGB: 137-115-34 F2 B: 154-118-17 �Iq ti I I!G 1 119U 133 CM1YK. 17-16-93-38 CMYK: 15-19-9M1-41 RG B: 132-119-72 RGB_ 124-112-71 1C 1470 CMYK. 19-49-100-54 CMYK 19-38-90-58 PGB: 116-83-28 RGS: 113-92-42 140U 147U CMYK: 14-28-90-35 CMYK-. 5-32-88-37 RCB: 127-106-69 RCB: '118-105-74 ` =r 154U CMYK: 10-42-95-2.3 CMYK: 10-47-95-23 RGB: 157-11+6-65 RCB: 1'46-104-68 1610 17SU CMYK: 16-67-100-71 CMYK: 17-64-88-40 RGB' 96-61-32 RGB: 125-99-77 161U CMYK: 20-46-92-36 CMYK- 67-17-88-47 GB: 120-98-73 RGB: 84-103-88 16BU 364U CMYK: 18-53-89-30 CMYK: 57-5.95-33 RGB: 136-9!7-x' f B 91-121-78 371U 3850 CMYK, 38-11-89-42 CMYK: 24-14-94-55 RiGB: 104-114-77 RGB: 120-113-33 3780 3920 CMYK' 47-11-99-64 CMYK: 24-11-100-48 RCB; 89-96-29 RCB, 130-122-4 37SU 4030 CMYK. 36-11-91-37 CMYK: 18-21-27-47 RCGB: 116-12-3-77 RG8, 140-133-123 404C 412U C'MYK: 20-25-30-59 CMYK: 57-58-6-5-2-2 RGB; 119-110-100 RGR- 100-92-89 4050 416-C CMYK., 26-31-35-72 CMYK: 28-18-29-51 RGB: 105-97-88 126-127.116 40,� SU, 417C C- : -6-4542-10 Y 5 CMYK: 33-23-35-63 RGB1101-102-92 jry � rs ,� I �c v� G i `i k 1, i 4,251,11-c- 4267-7,6, w 91` "Nil ifs i 11111111w) u{" 425U, CMYK: •440U yy /� CMYK: 2S-18-15-SICM f K: 21-30-.2 -#0 RGB. 124126-127 RGB. 105-97-95 1 426U 447U CMYK: 9477-53.94 CMYK: 70.54-62-31 RGB: 37-40-42 FAGS: 95-98-95 i 4480 449U CMYK. 33-43-80-82 CMYK- S4-30-62-42 RGB,. `4-665-42 RB: 113-107-84 448U 4500 CMM 31- 5-88.57 CMYK: 3 -39-87-74 RC 6. 1012-97-78 RCB; 9-74-37 4490 45OU CMYK- 31-38-75-76 CMYK: R B. 82-71-39 R PS°, 126-120-90 4550 4630 CMYK, 23-38-89-70 CMYK: 14-54-95-62 R B: 105-91-36 RGB: 116-79-40 4620 463U CMYK: 28-45-71-7 CMYK: 23-4,2-85-32 RG B-. 92-70-4 3 RGB: 133-111-61 462U 4640 CMM 30-41-86.46 CMYK: 11-53-94-53 RGBF 112-98-77 RGB: 139-91-41 464U 477U CMM 12-36-84-29 CMYK: 30-56--81-34 RGB: 155-124-136 RGB. 125-101-86 5740 CMY'K: 1-53-89-42 CMM 6-22-98-72 RG$: 12.3-9 -75 RGB: 78-91-49 476U 574U CMYK: 26-52-84-51 CMYK- 47-19-86-41 RIGB: 110-94-82 RGB: 10 -115-85 5750 581U CMYK: 55-9-95-45 CMYK: 5-15-92-4 RGS: 103-130-58 R B: 120-117-74 57SU BLACK l CMYK: 48-10-90-30 CMYK: 57-53-65-20 GB: 111-132-86 RGB: 97-93-89 PROCESS 581C BLACK CMYK: 25-15-92-42 CMM 61 RGB: 120-117-74 GB: 100-95-8 https://www.stcroixriverassociation.orgliand-protection/ Landowner's Guide to the Lower St. Croix Riverway Print Version(with Bleeds) Best Practices for Zoning Applications in the Lower Riverway(with Bleeds) Earth-Tone Color Swatches(with Bleeds) 44 of 63 Report to The Lower Saint Croix Management Commission from the Partnership Team As provided for in the Cooperative Management Plan for the Lower St. Croix National Scenic Riverway, and as requested by the Lower St. Croix Management Commission we provide this report: Between January 2008 and January 2016,the Partnership Team reviewed 90 local government zoning decisions affecting properties within the Riverway boundaries. Information on each of these decisions was provided to the team by the applicable DNR (since expanded from each county or local government). The team does not know if there were additional decisions made,but not reported,to either or both of the DNR teams. The Team's process for decision review has been to assign each file provided it to a member of the team to review and report on it to the team's Land Use Review Committee. The committee consists of the team's four- person executive committee. The Partnership Team meets on the fifth Tuesday of the month(4 times a year),hears the report on each zoning decision, and discusses it. o Forty-one of the 90 decisions were from Wisconsin and 49 were from Minnesota. o In Wisconsin, 35 were made by St. Croix County,4 were made by Pierce County,none by Polk County,one by Prescott,one by North Hudson. o In Minnesota, 12 were made by Washington County,none by Chisago County,5 by Afton,4 by Bayport,7 by Lake St. Croix Beach, 7 by Lakeland, 1 by Lakeland Shores,2 by Marine on the St. Croix,2 by Oak Park Heights, l by St.Mary's Point,3 by Scandia and 5 by Stillwater. o All 90 decisions were for additions to and or reconstruction of an existing structure. 45 of 63 In many cases,the ;information was adequate to fully understand the issues of the variance,other times there was weakness of the documentation to understand the reason for granting.Rarely did we find follow-up processes to make sure the permit conditions were completed. In addition to common failings of weak findings of facts and conclusions,other lessons to be taken from the reviews to date include: Most construction permitted generally complied with the Riverway rules and did not greatly impact the Riverway.However,the review process did find instances where allowances were made without adequate findings of fact that increased the visibility of structures in the Wild and Scenic Riverway. Variance logic varies among jurisdictions. Some are approved without an unnecessary hardship being found because the local government unit did not see any harm in the requested construction. Others, were approved on suspect logics,such as that lack of a screen porch was an unnecessary hardship. Most were properly justified by small lot size,the very small size of the existing structure,topography,or lot shape. From our reviews,we conclude that professional staffs make for better documentation. Since the last report,permit documentation has improved considerably. Chisago County,Polk County and the Town of Somerset indicate over the past years of this report that they do not have any permits for variances in the Riverway. Given our experience in the number and types of commonly requested variances,this appears to be a significant period of time to have no activity in the river way that would have created a request for a variance. Specific cases and outcomes in the Wild and Scenic Riverway during the timeframe covered by this report include: The Town of Troy Wisconsin fined a landowner (Madsen) $50,000 for violations of its Riverway ordinance during a reconstruction of a cabin. The issues in that case related to work done in a slope preservation zone in an after the fact permit. Litigation ensued and a Settlement Agreement was 46 of 63 reach upholding the payment of$50,000 to the Town,however there was no admission of wrongful conduct by the landowner. Davies Permit Denmark Township MN - 2008 The Davies family tore down 2 small homes and built one much larger new home that had a total square footage greater than the existing removed homes.In addition to the larger footprint, the new structure has a conspicuous copper roof and a tall retaining wall in the bluff line setback. This was handled in a quiet permit process and reviewed and approved by the Minnesota DNR and a Minnesota Administrative Law Judge. Washington County planning documentation indicated that the permit should be rejected. This home sits just across the river from the Kinnickinnic State Park overlook and is quite conspicuous along the river(photo included). Hubbard Permit Lakeland MN - 2010 The existing Hubbard home was to be torn down and a new home built at the same set back as the old home,within the Riverway setback.At issue was an additional set back of eleven feet which would have eliminated the need for variances to the Riverway setback restrictions. A lawsuit was filed,and the Minnesota Supreme Court sided with the property owner. Due to this ruling,the Minnesota DNR lost the permit veto authority that had been used since the establishment of the Riverway to enforce the Riverway rules. To enforce the Riverway rules the MNDNR must now sue in district court promptly after a local decision becomes final. Stillwater MN Permit Shoddy Mill -2010 The relocated historic buildings (for the new St. Croix River Bridge project) from Oak Park Heights to Stillwater within the Riverway setback rules.The Partnership team sent a letter of objection (letter attached). Stillwater MN Permit a City of Stillwater Building Expansion — 2012 47 of 63 The existing Stillwater Lift station was expanded along the Riverway for public bathrooms within the Riverway set back rules. In conclusion,we have found an increase in the quality of reports being prepared in variance situations by the local municipalities charged with enforcing the Riverway regulations. We have also found inconsistency in what rises to the level required to grant a variance in the Riverway district. With the large number of smaller municipalities dealing with this issue,inconsistencies create undo pressures on locally elected officials. Continued educational efforts should be made to ensure all local units of government are equipped to adequately handle variance.requests and adhere to common practices for granting variances in the Lower St. Croix Riverway. The Wild and Scenic Rivers Act was approved by Congress of the United States and signed into Law by President Johnson to preserve certain rivers,including the St. Croix River,for the enjoyment of present and future generations of Americans. Today the idea of preserving the St. Croix River for future generations is under pressure. Those entities entrusted with the preservation of this resource must commit to the education of all stakeholders,and to encourage property owners,local governments, and visitors to the Lower St. Croix National Riverway to work to protect the principles upon which of the Wild and Scenic Rivers Act was founded. Lower St. Croix Partnership Team Dated: May 29,2018 Chair Vice Chair 48 of 63 Shoddy Mill Letter January 22, 2010 Partnership Team Of Lower St. Croix Management Commission Lower St. Croix Management Commission Member Agencies: National Park Service St. Croix National Scenic Riverway P.O. Box 708 St. Croix Falls, WI 54024 Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155 Wisconsin Department of Natural Resources P.O. Box 4001 Eau Claire, W l 54702 Re: Land Use Review Variances for Relocated Buildings 805 South Main Street Stillwater, MN Dear Commissioners, The Cooperative Management Plan, Lower St. Croix, National Scenic Riverway, on page 58 directs the Partnership Team to make periodic reports and/or recommendations to the management commission and state departments of natural resources to improve the consistency of local government implementation of their riverway ordinances. That is the purpose of this letter authorized at its regular meeting January 20, 2010. On March 3, 2009 the City of Stillwater granted itself 3 variances for actions reviewable by the Partnership Team. Attached is our review prepared by Francis H. Ogden, P.E., dated October 25, 2009 and revised January 5, 2010 and January 22, 2010. 49 of 63 Our concern is the City granted itself three variances without documenting the specific justification for granting of the variances. 1 The site is a fill in the floodplain of the St. Croix River placed in approximately 1928. The entire site is in the floodplain and it is proposed to place several feet of additional fill on the entire site to raise it above the 100-year flood elevation. The variances were considered necessary because the MN Department of Transportation intends to relocate a 2- story building and a 1-story building to the site. The buildings and the site will be used for park purposes. The Partnership Team recommends the Lower St. Croix Management Commission strongly encourage the City of Stillwater to cancel all variances granted March 3, 2009 and repeat the review process in compliance with applicable State laws. Sincerely, Partnership Team Cc: City of Stillwater, Bill Turnblad Attachment: Land Use Action Review 2 50 of 63 NDWAKE! > ft Croix� w a °- �a� Boating amargenay alwgs oa11 X811"an y�sen phone Violators will be fined! °° 116v Rules �+ In Minnesota Minnesota Department of Natural Resources Central Region Enforcement for the St.Pavl,MN (65,1)772-7905 www,dnr state.mn.us Lower St. Croix Chicago County Sheriff National Scenic Center City,MN 'per (861)257-4100 Rlverway Washington Couaty Sheriff rr within 100 feet of shore,including staQwMN 7 NO WAKE g islands (651)489-8F-9agl NO WAKE within 100 feet of swimmers In Wisconsin NO WAEE in marked areas Pierce county Sheriff Ellsworth, WI ....r r.rarraaaaaaa ossa■ (715)273-505) R estrictions on Boats Pulling Skiers,Tubes or Other Devices Palk County Shed' Balsam Lake,WI You may not tow water skiers,tubes or almilar devisew (715)405.8500 1.Anywhere on the lower St.Croix between sunset and sunrise the following day, at.Oro.County Sherif( s 7 2.In of the slow or slow-no wake zones,e t that in the 100-foot. Hudson, 70 any speed ep (715)3861701 shore same aboat may launch or land a skier,tube or other device by the most direct route to open water, National Park service St.Croix National Scenic Riverway 8.From Mayl6tbthrowhSepwmbwl&li6melnive,afte mmon Saturdaya,Suudgys st.Croix Falls,WI 54024 and legal holidays in the area from the Arcola Sandbar(apprarimately river mile (71!i)493-3284 �Z W sL0)tothe cud ofthe nina-foot naAgat;nn dmnwl,north afStitlwater(appm-imately •�+--nTc a- at river mile 24,5). The W iscnnsin Dep—Lnn nL of Natural Resources Nates Marker buoys sleet boaters to all of the restricted speed canes shown on the map ee the reverse sada. may be con Wcted through any of the Wisconsin including the southern end ofthe restricted waterakling sane. county sheriffs'offices tilted above,or Cr hrs tit o,,"I At r,T Zebra mussels,a non-native invasive mussel,have spread to the Mississippi River,a ......■■■s............. a■ea.....s.a water!Surface Use rew inland waters in Lhe state as-11 as the lowcr'25 mites of the St.Crnix River.This invasive can spread by eLuaching to boating equipment,to aquatic vegetation that may be tangled in boating gear,or by water This paper cnnt.ains aminimum -- d Regulations moved From an inlested water.Due to the possible spread of zebra mussels into the upper reaches of the �rsn4 Pest-_a.a waste. ; .+0 ]St. Crnix,theNational Park Servide has restricted most boattraffic originating dewnstcam fmnt pass- This iafmmatioa is available in sa alternative ing the check-paint at river mile 22 S just se.Lh of the Arcola High Bridge(Canadian National R.1—d). format upon request.Boatersmay wish to check the Park Snervice's 9t.Croix website www.np.govlsaanlplanyourvisi116oa[ing.htm � h8p07,grate ofNinneasG, w. Fpr mare up-to-date information. Department afNatatalRnoneras Reprinted May 8007 HELP BEEP YOUR RIVER CLEAN! PLEASE DON'T LITTERI RSC sro7 fim 51 of 63 Regulations am-moat island-Shore to shore from.the dike bridge,south to the aouthern most part of the 1-94 and bridge Thieameeztendaframappmiimatetymils 3t. Croix River C-1T �� 17.3 to 16.1. Regulations and Where They Apply P Fads here They Apply 5 Afton-Cattish Bar Irani shore to=hors in rr0 the area located approximately at mile 11.4 to The St.Croix Itiveris aspecial area,and boaters; 11.8 as measuredm the navigational channel,and A using the river have special majoinsibilitiee-The estahliah.d by regulatory buoys. water surface use regulations that are in effect on .., �eceom the St.Croix have been adopted by the Minnesota 6 Hinnickinnic River Delta Narrows six DNR,the Wisoonain DNR,and the National Park (6)miles upstream from Prescott,adjncent to Kin- Numbers 1-8 are B6 Service inordertomake tharivere:periencemare niclim—State Park,mile 6.6 w 6.05. glow-no wake zoites eajayableformorepeople.PIw eobeyalltherulea. VIOLATORS WILL BE PROSECUTEDI Planes 7 %innickinnic Bay east of the Mnnickin- �® read all the rules before venturing out on the nfc Sandbar and north of Donut Island,adjacent r' river. w mnnickmrna State Park aL eppmximal.IN mile 6.05. Marine— The regulaticaa create one slaw speed zone at.Croix where motorboats must be restricted to oparat- 8 I'momeft Narrows liom the north side of the Highway 10 bridge(approximately mile 0-3)to the Rtox`f'' wha ahe a lie speed,ceathroeplacing speed. NOTE:The use ofperaonal watercreft �! whereby the wake or wash created h3'the mator8oat o®Snence of the$k Croix and the Mississippi. (Jet Skis,Wave Runners,etc.)is pro- , is minimal.'This slow speed sous extends from the hibited by the National Park Service done at Taylors Falls south to the Arcola Sandhar at In addition to these eight Slow•no wake the moothoftheApple River,about 1.5milm north sone",boaters should be aware that there is a oat app hRMN Mile24 maiteAareea afthe Armla High BrWge(CanarLNatioaalRag- Show-no wake rule meffectalongthe enLieLower -at appz River Mr1a 24.8. .MI road). The sandbar is marked with two buoys. St.Croix National Scanic Riverway under the Fol- V regulations also create eight Slow-neo lowing conditions: etiltroota^�'.G�. . - •Within 100 feet of all shore, wake sones where motorboat operation is re- including islands,and within R-P-t'.iv^�+ atricted to'the slowest pmoibk speed necessary to 100 feet of swimmers. maintain steerage.'The Slaw-no wake sones Wheasratrrlorde rise to683 feet Stull- 11..."... ^., 1 ..Hest—... uesally ata marked with buoys and/or signs at the • Where the channel is less than wear,a Slow-so wake'reanrt�kaa goes '(' _ following locations: E00 feet wide- m e efl.t m the sabre Lower 3t C_ . 4 M^.' ` done Taylors Falls to Preec.H&v-at Aft ! I fl ial,Ilrtctar(L-4 approximately at mile • Whenever the water level Public nieces said arsonsV noiatp I tl 28.6,four-tenths of a mile south of the Arcola High the Public if tbu resets to m Ao..sd 86 Bridge(Canadian National Railroad), leve, a6 ensured at the t W«al t kmmmel N.t r'.TM at mile 27,about Stillwatergauge. }1 1,25 miles upstream ofthe Boanmiw Ways1de2 near �,,,,,,.�., ktasug the Minnesota shore,where Lhe aavigablechmmel Emergeney And NOS-E-MI—CY lll...'''��� G1W�i,� is lees than 290 lest wide. IticiJf•rvrw"� ISnr+.- s . F.mirrii mr r dial 911 an your veil phone or send a z %hi no,r at Bayport on the Minnesota distress call on Channel 16 of your marine radio_ side,approximately at mile 20(from the 13aypnrt Give your positian asd nature of the omcrg"My. I Public Beach north). Stay o hoe or stand by radio - Huetiage. r rte-I.....".v-r-i.,where the channel runs .a"ouxi+if an officer or deputy is able .rear the Elinnesota shun,from the north aide Of to sssrsi they may only be able to tow you a ; the railroad bridge to the south end of the south- closest safe mooring or marina where you nen,call n for or obtain mechanical assistance. soars rmarmr.nxat Wb—.1.mWi iyaa.a0 rw+srrwra us rerr.a,t.r 52 of 63 11/16/2018 Wakes on the Scenic Riverway fwake-related issues on Croix River, * Arcola Current Situation The current level of higher-speed boat traffic on the St. Croix National Scenic Riverway from St. Croix f=alls to the Arcola Sand Bar is inconsistent with the management objectives for this stretch of the river. A preliminary assessment has identified three issues of concern: 1. A general lack of awareness of wake restrictions on the part of users. ?. Lack of clarity and inherent inconsistency within wake restriction definitions. 3. Apparent uncertainty as to enforcement authority between jurisdictions. 53 of 63 1 11/16/2018 iw Taylors Fall S'_ Falls __ sWil X0.4 Minnemia lr rotate s stab Park v 0 3ce Dia Cr iar QUIET WATERS 3ertd (main channel) a .ake NATURAL WATERS (backwaters) m2T—OEren Mad on S&L Sf.:Jc'.t IsE�-_9 ' ki i'�teras ------MQpERATEMODE-----___ gq $Of'13f3Bi RECREATION 3F (main channel) Fsderal ZWe NATURAL WATERS Stillwater. ---_-.Mate.-...------ � ` " �---- 44 ' Safe-Ey.3f ether TlVeF ." sets 54 of 63 2 11/16/2018 SA CEO-Ri.n SlwrelineSwdw/ a Tuble of Cmwnb Fwt+nnc5wmrry Adar+deddmme�n., .w # r ► op R—UMA Owl 2A G—.,he(3manto0e S1 Ct Rn ld-W WIWIsM Pit htl.Of'.JAhWdmdM tta ..._.......__.._.._...._........ 3.1 QwlA+tt.c Aleurimn erlAe Timm Cmdistm ePelm Wi4atnd SMelumof dte51.(�Rmr ttAmr Slilh>ttn.Mmtwon:R.Fam wCdfie.O.wlnmds 4M 4e �uc,.wae 5b dm St cW W.dnft D.KWtmd 5,8.kb ..6.1 St.Cd.RA ffNhan*_St.&& Ckmw..n 56acMc 5-6-1 Mtdr[u-ran{CgaW4U dRun S.IS.Jmttm...... .-.... .. 6.1 M.;—HN rL LBcanof .MPOnl Mm"wShwd-5ed.uat Emu^ Rmm@wmm d Depe6itme.S.B.jobs ...,.......L._,..-'...._-.."'-"..7A 'rim 6RM.of wndrm w4 wry w Rod=Swim •.'�'" „.•, Ad.ak,FkW Wmtw-d Sbwdm Fmiwt:S.O.kdwwn..____.. !.I '. `"'.. �•. - V"Mim SRt;:O Kftw.- tot w.aW At1Study ST. CROIX RIVER RECREATION STUQY identified AVERAGE SEDIMENT MOBILIZED point at which 400 wake-generated C ■ waves i ! a concern soa - N __j M 200 _ .Z U LU 100 8 w _ ED w a 0 0.5 1 1.5 2 WAVE HEIGHT(feet) 55 of 63 3 11/16/2018 ST. CROIX RIVER RECREATION STUDY IP BOAT VELOCITY VS SEDIMENT MOBILIZED C • X500 � � E400 0 Lu 300 - 0 200 5100 0 0 Lu 0 5 10 15 20 25 BOAT VELOCITY(mph) FK SEMIIEHCTRAPPARALLEL7)ON • SEDWWTRAPPERPERgCIA MSH High-speed boat traffic capable of generating wakes of concern is inconsistent with other recreational uses of the Scenic Riverway- ➢The main channel is designated as "Quiet Waters". The plan describes management of these waters for recreational uses that leave the surface of the river largely undisturbed. While both motorized and nonmotorized watercraft are allowed, speed is to be kept low. '" { ➢Backwater areas in this same stretch of river are designated as "Natural Waters".The management objective for this class of water is for watercraft ° speeds to be low and the surface of the water undisturbed. ➢High-speed boat traffic capable of generating wakes v has the potential to be a safety concern. 56 of 63 4 11/16/2018 The initial question: What information is currently being provided to river users? MIXED MESSAGES AT SOME LANDINGS NO MENTION OF WAKE RULES AT OTHERS Interstate Park MN S1 0 Wa 6- _w !,,FA1tk SMulo Interstate Park WI Log House Landing Summary of wake-related messages, October 2016 a � - . • i x x x x x ✓ y . . - x x x ✓ x ✓ ✓ speed,Slow <plan' x x x ✓ x ✓ ✓ 100'of shor- x x ✓ ✓ x ✓ ✓ 00 . .... - k x x x ✓ x ✓ ✓ 100'of x x ✓ ✓ x ✓ ✓ Marked(buoys) x x ✓ ✓ x ✓ x x x ✓ x ✓ ✓ . .- . x ✓ x ✓ x x Itis also important to nate that no wake-related information is posted at either of the two private marinas in the Scenic portion of the Riverway: Marine on St.Croix and Croixside 57 of 63 11/15/2018 Lower St.Croix National Scenic Riverway Special Watercraft Rules In Effect For eveMru s safety and cnjoyment.plae.e be dh ...... respmtket and obay the rules, f M.WMe Prs..al101010 cit awtgd J .py,.P... YNWl�gutlThaslAes w � •w.ki. ma ImM..rc am-t.ts.a• b - _•.....wu.mm. rw rc n,t..N. rshassussYsscrs w11p w�YW�'b.q. •T.rin�wNor.Yie.al� mei jays ����•.!� YSI1Rd.Ntw .w8m um euswr.. a • o..•wm e...eo.w Y p.ae�aaa.r. 111nenhNWeAa.L W3,..al,hHSem T 1 8.ioa�ene fmib rapt � RNeino..ie..Y wem...mnw.na.aa mpwwe. .. .w,.yym�wrp. u,/AOmYE.Y91f.rel J.¢4+.w✓f.[r� ��• diMv..oamne..oa .00a.s n.,m.nae ffi •vm m uw. Be informed!Get a copy of the regulations at state 811 parks,marinas,or from officers patrolling the water. d Hole No Wake Riverwide: Wo Wake RhWkw— Wake Restriction Definitions Regulations and Where They Apply The Sc Croix River is especial area,and boaters using the river have special responsibilities.The water surface use regulations that are in effect on Mlnn Rule§ Wisconsin the St.Croix have been adopted by the Minnesota 6105.0320 NR S 031 DNR,the Wisconsin DNR,and the National Park Subp a Service in order to make the river experience more enjoyable for more people.Please obey all the rules. VIOLATORS WILL BE PROSECUTED[Please �. read all the rules before venturing out on the river. Minn.Rule$ Wisconsin 6105.0320 NR 5.32(4) g, The regulations create one slow speed zone Subp.5 y` whore motorboats musk be restricted to operat- ing'at a leisurely speed,less than planing speed, whereby the make orwaah created by the motorboat , is minimal."This slow speed rune extends from the dam atTaylora Falla south to the Arcola Sandhar at the mouth of the Apple River,about 1.6 miles north ofthe Arcola High Bridge(Canadian National Rail- road). The sandbar is marked with two buoys. 58 of 63 6 11/16/2018 r e} r r r MN&WI boating Regulations Apply: + For purposes of these Motions,the Court accepts as true Pla'ntiffs allegations tha iscansin and Minnesota have joint jurisdiction aver t�e++ower Saint Croy dk River"and that"Wfsropsin and Minnesota DNR orers eafh apply thejr respective state's s ow-no-woke regulation from s are to shore on the lower Saint Croix River. MN&WI Wake Regulatlons Are the Same: The Departments o Natural Resources in Minnesota and Wisconsin each adoppted reggulations to implement the legislative enactment. The regulations are ldenfical St.Croix WaterwayAea'n v.Meyer,94x wf8h respect to the issues in dispute in this litigation. F.Supp,435(p.Minn.190) There Are Wake Restrictions in Place: u..w.rn.,n.�r wmrwn.rrr...r.wwti.,wmave. " r;the Lower Saint Croix River,motorboats shall not proceed at a rate in excess of slow speed." "Slow speed"means operation%o motorboat at a leisurely speed,kj than planing speed,whereby tqe wake or wash created by the motorboat is minima ar.CR=WAVWMW AegCUSM.lalnat "(In)...particular designated zones of the river,even a slower speed is required" o.v�a Ner��>v..ma.iwu.dar�a.nnweee "Slow-no wake"means operation ofa motor boat at the slowest possible wry.r.Dq. &N—WR�..rs..Aa hmw. speed necessary to maintain steerage. era.irur.eid.i-Pia.. ia,nru. rirr,.i.o4wem.rxra,.i am.r�u.ti.a..a rwa..yw.• The Existing Regulations Are SuffidentlyClear: "persons of ordinary intelligence are capable of determinin that one speed at which they gre both in cc) rol of their boat and not in viola ion of the Regulations. Y.ri aordlar_�SrorNbrNBrNYCba)1,1d.M1MGYYr, The reggulations"p ide law enforcem nt officers with sufficient standards to prever arbitrary and discriminatory entorcement" SLOW - NO WAKE operation at the slowest ro main toln Steerage.i ,!5 �f " aver 3 0 c 0 E } Boat Speed Through the Water W jl 59 of 63 1 SLOW SPEED, MINIMUM WAKE "Slowspeed"m erv?5.- oph-mition of a motorboat est C fdsurely peed, lea 5 thur7 pluninq spec Cu whereby the wake gar ovsh rrirpm0 Speed , 41 <Planing Significant Wake,yet less than Planing n v mm. Speed t� 1-j n BOAT'S P ER D TH ROUGH THE WATE-R Relationship Between Boat Speed and Wake Generated 11/16/2018 ,7YF.A+Y i i ro®[nmplwnF * s Planing Speed )Significant Wake,yet less Inconsistent wIth Intent than Planing Speed ofro jea Most people can look behind their boat and determine if it is generating a wake,but may not know what an acceptable wake is. What is being Recommended : ➢That an interdisciplinary group of stakeholders be engaged to assist in evaluating the issues that have been identified and to develop recommendations that address them. ➢That emphasis be placed on public education and increasing awareness of the potential for wakes to damage the resource. ➢That public engagement efforts complement other initiatives (e.g., AIS, boater safety). 61 of 63 9 �V �v R� G r [https://gallery.mallchimp.com/3leSgb5d815f3a7682e26bc07/images/e50e8758-eld8-4 7-ae29-acd12be091fa.png] [https://gailery.mailchimp.com/3le58b5d815f3a7682e26bcO7/images/dd a28-854c-488e-be21- 8536c6580436.jpg]It's the most wonderful time of the year! Please join us for our annual Holiday Mixer-a time to appre ' and enjoy each other's company,celebrate the holidays,and reflect on the successes of 2018. Enjoy an evening of networking, sicaI entertainment by Vinnie Rose, heavy appetizers,and holiday spirits! Tuesday, December 11, 5-8 p.m. Please RSVP TODAY to help us plan for food &seating Chamber Member and guest fee of$25 per person. Non-Chamber member fee of$30 per person. Heavy appetizers will be served.Cash bar. RSVP Now l<https://greaterstillwaterchamber.us4.list- ma nage.com/track/click?u=3le58b5d815f3a7682e26bc07&id=c9699e5108&e=4ce0l6f442> Hosted at Lake Elmo Inn Event Center [https://gailery.ma iichimp.com/3le58b5d8l5f3a7682e26bc07/images/7ice7dba-a680-4dc4-a82a-e89102c7af4a.jpgj 3712 Layton Avenue N., Lake Elmo 62 of 63 This year,the Chamber is partnering with United Way of Washington County East. We are encouraging a suggested donation at the event to help support our local United Way. [https.//ga ilerV.ma llchimp.com/31e58b5d8l5f3a7682e26bc07/images/465e2a2f-baa0-44e5-a624-20fbcd694a63.png] [https://gailery.mailchi mp.com/3le58b5d815f3a7682e26bc07/images/289ddd4f-b9d7-4d4d-99fa-5c799d8c687d.jpg] <https://greaterstil Iwatercham ber.us4.list- ma nage.com/track/click?u=3le58b5d8l5f3a7682e26bc07&id=f37427cd97&e=4ce0l6f442> Copyright A® 2018 Greater Stillwater Chamber,All rights reserved. Our mailing address is: Greater Stillwater Chamber 200 Chestnut Street East #204 Stillwater, MN 55082 Add us to your address book<https://greaterstiliwaterchamber.us4.list- manage.com/vca rd?u=31e58b5d815f3a7682e26bc07&id=8369460231> Want to change how you receive these emails? 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