HomeMy WebLinkAbout11-27-2018 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, NOVEMBER 27, 2018
CITY COUNCIL MEETING AGENDA
6:00 P.M. AT CITY HALL
6:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:05 p.m. II. Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
• Recycling Award
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).
6:10 p.m. IV. Consent A eg nda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Worksession Notes—November 13, 2018 (pg. 3)
C. Approve City Council Minutes—November 13, 2018 (pg. 5)
D. Approve 2019 Area Charge for Connection to Water, Sewer, and Storm Sewer
Systems (pg. 9)
E. Approve Change Order#2—Palmer Station&Utility Improvements Relating to
Time Extension (pg. 13)
F. Appoint Mayor McComber and Councilmember Liljegren to the Joint Airport
(Commission) Zoning Board (pg. 17)
6:10 p.m. V. Public Hearings
6:10 p.m. VI. Old Business
A. No Wake Zone Request—Sunnyside Marina(pg. 19)
B. Feasibility Study 581h Street and Memorial Ave. (pg. 41)
6:30 p.m. VII. New Business
6:30 p.m. VIII. Other Council Items or Announcements
6:30 p.m. IX. Adjourn
Please mute or silence any cell phones,computers or other devices during meeting Thank You.
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is
Oak Park Heights
Request for Council Action
Meeting Date November 27, 2018
Agenda Item Approve City Council Worksession Notes—November 13, 2018
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor nistration/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).
See attached.
Page 3 of 66
AMID
CITY OF OAK PARK HEIGHTS
CITY COUNCIL WORKSESSION NOTES
TUESDAY,NOVEMBER 13,2018
Present: Mayor McComber, Councilmembers Dougherty, Liljegren, Runk, and Swenson; City
Administrator Johnson; City Attorney Vierling; Finance Director Caruso; and City Clerk Pinski.
1. Call to Order: Mayor McComber called the meeting to order at 5:00 p.m.
2. 2019 Budget Discussion—Xcel Energy Property Value Change: Finance Director Caruso
reviewed her memo included in the worksession packet and outlined the options for the budget.
City Administrator Johnson stated that staff recommended the City Council not raise the taxes in
2019 and make adjustments in the 2020 budget cycle. Councilmembers Dougherty and Liljegren
suggested keeping the budget as it was,not raise the taxes,and notify residents that there would
be adjustments made the following budget year. Councilmember Runk suggested staff invite the
newly elected representatives to meet with the City Council.
No action was taken.
3. Financial Impacts Discussion—Future Xcel Energy King Plant Closure: Mayor McComber
reviewed portions of a presentation she received at a recent meeting. She suggested the City may
want to look into restoring Local Government Aid(LGA)instead of transition aid. She said the
proposal through the Coalition of Utility Cities was for draft legislation to restore LGA. Finance
Director Caruso suggested going for both.
No action was taken.
4. Adjourn: The meeting was adjourned at 5:42 p.m.
Page 4 of 66
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Oak Park Heights
Request for Council Action
Meeting Date November 27, 2018
Agenda Item Approve City Council Minutes—November 13, 2018
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).
See attached.
Page 5 of 66
CITY OF OAK PARK HEIGHTS
TUESDAY, NOVEMBER 13, 2018
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty,
Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City
Clerk Pinski, City Attorney Vierling, City Planner Richards, and City Engineer
Mann. Absent: None.
Councilmember Swenson, seconded by Councilmember Liljegren, moved to
approve the Agenda. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported that the previous week she attended a
meeting at St. Peter's Church with area mayors and faith leaders, and she
participated in conference calls with the National League of Cities and the
Coalition of Utility Cities. She said she would be attending the Minnesota
Association of Small Cities board meeting and the League of Minnesota
Cities Board of Directors meeting that week, and the transportation
network committee meeting the following week. She reminded the City
Council members that regional meetings were coming up, and she
announced the open house for Councilmember Swenson was set for
November 21 from 2—4 p.m. at City Hall.
B. Councilmember Dougherty: No report.
C. Councilmember Liljegren: He reported that the next Parks Commission
meeting was set for November 19 at 6:00 p.m.
D. Councilmember Runk: He reported he would be attending the CVB
meeting on November 14, and he attended the Middle St. Croix Watershed
District meeting the previous week where the approved the surface water
management plan for the City of Oak Park Heights Comprehensive Plan.
E. Councilmember Swenson: No report.
F. Staff. City Clerk Pinski reported that Michael Conlin of 5826 Oldfeild
Avenue North was chosen as the recycling award winner.
III. Visitors/Public Comment:
A. STH 36 Intersection Timing and Priorities: Adam Josephson of MNDOT
appeared before the City Council and introduced Steve Misgen, Metro
District Traffic Engineer. Misgen reported that the lights on Highway 36
were timed in spring 2018, and they have made tweaks since. He said
they had cameras at intersections that kept recordings for four days so they
Page 6 of 66
City Council Meeting Minutes
November 13, 2018
Page 2 of 3
could monitor the area and review if they received complaints. He
requested that complaints be sent to their email designated for stoplights:
metrosignaloperations.dot@state.mn.us with specific information such as
location and time of day so they could review the footage. Mayor
McComber asked Misgen about the blue lights. He responded that the
lights were wired into the signal for law enforcement to ticket those
running red lights. He said the estimate was $1,500 per light. He said the
state would maintain the lights but would not pay to have them installed.
Mayor McComber suggested staff meet with MNDOT and bring
information about the blue lights back to the City Council.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—October 23, 2018
C. Approve Gambling Premises Permit for Fraternal Order of Eagles 94 at
Joseph's Restaurant
D. Approve Resolution Thanking Councilmember Mark Swenson for his
Years of Service on the Oak Park Heights City Council and Set Open
House Reception for Wednesday,November 21 from 2—4.
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings: None
VI. Old Business:
A. Feasibility Study 58th Street and Memorial Ave.: City Engineer Mann
provided a presentation. City Administrator Johnson said staff would be
coming back to the City Council with funding discussions and a draft
assessment roll.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
set a worksession for November 27 at 5:00 p.m. Carried 5-0.
VII. New Business:
A. Approve Resolution Canvassing the Tabulation of Votes Cast for the
Offices of Two City Council Positions and Declaring the Results from the
November 6, 2018 Election: Councilmember Runk, seconded by
Councilmember Dougherty, moved to approve the Resolution. Roll call
vote taken. Carried 5-0.
B. Stillwater Skin Medical Spa—Conditional Use Permit 6381 Osgood
Avenue: City Planner Richards reviewed his report. He said the
Page 7 of 66
City Council Meeting Minutes
November 13, 2018
Page 3 of 3
application received was for a CUP for a skin care clinic and parking
allowances. City Administrator Johnson provided the City Council with a
revised draft Resolution allowing the applicant until June 1, 2019 to
address the lights, dumpster screening, and bike rack installation.
Councilmember Swenson, seconded by Councilmember Liljegren, moved
to approve the revised Resolution. Roll call vote taken. Carried 5-0.
C. Approve Extension of Due Diligence Period for Madison Hospitality
Group to April 15, 2018: City Administrator Johnson reported that
Madison Hospitality Group requested another extension to their Due
Diligence Process timelines. He said staff recommended approval. City
Attorney Vierling said the applicant requested to have their costs for street
improvements be assessed if they are done in 2019. He said he may need
to make adjustments to the street assessment section of the agreement.
Councilmember Swenson, seconded by Councilmember Runk, moved to
approve the amendment allowing for extension. Roll call vote taken.
Carried 5-0.
VIII. Other Council Items or Announcements: Councilmember Runk requested staff
order a 2018 hanger for the Pony sign at the mountain bike trail.
City Administrator Johnson said a new location for the City welcome stone
needed to be determined.
IX. Adjourn: Councilmember Swenson, seconded by Councilmember Liljegren,
moved to adjourn at 6:53 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
Page 8 of 66
Oak Park Heights
Request for Council Action
Meeting Date_ November 27, 2018
Agenda Item Title Approve 2019 Area Charge for Connection to Water Sewer and Storm Sewer
Systems Time Required 1 min
Agenda Placement Consent
Originating Department/Requestor Finance—Betty Caruso, Finance Director
Requester's Signature kyscilli
Action Requested Approve Resolution for 2019 Area Charge for Connections to Municipal Water
Systems, Sanitary Sewer Systems and Storm Sewer Systems
Background/Justification(Please indicate any previous action, financial implications including budget
information and recommendations).
The City Engineer has calculated the City's utility area charges for 2019 and is recommending a 3.2%
increase in the area charges for water, sanitary sewer, and storm sewer. This increase percentage is
based on the Construction Cost Index.
I recommend approval of the area charges for sanitary sewer, water main, storm sewer and TSMP area
storm sewer as of January 1, 2019 per the attached recommendation from the City Engineer.
Page 9 of 66
S-ta.n '; 2335 Highway 36 West,St. Paul MN 55113-3819
October 29,2o18
File:1938o1828
Attention: Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd.N.
P.O. Box 2007
Oak Park Heights, MN 55082
Dear Eric,
Reference:Utility Area Charges
The City has established a system of area charges to assist in financing trunk utility
improvements. These charges should be adjusted from time to time to recover additional costs
incurred as a result of inflation, capitalized interest, or revisions/updates to trunk facilities. The
table on the following page is a tabulation of the current area charges and those proposed for
development initiated after January 1, 2019.
Adjustments to the City's utility area charges are tied to the ENR national Construction Cost Index
(CCI),which is a benchmark of the current cost of materials and labor in the construction
industry. The City's utility area charges were last updated in November 2017. From the third
quarter of 2017 to the third quarter of 2018,the CCI has increased 3.2%,which is the current
increase we are recommending to the City's area charges.
If you have any questions or require further information please call me at(651)604-4850•
Regards,
Stantec Consulting Services Inc.
Lee M. Mann, P.E.
Principal
Phone: 651-604-4850
Fax: 651-636-1311
lee.mann@stantec.com
Attachment: Utility Area Charge Updates for 2019
ENR CCI Partial History
c. Betty Caruso,Julie Hultman—City of Oak Park Heights
Mark Vierling—City Attorney
Page 10 of 66
Engineering News Record-Construction Cost Index(CCI)Partial History
Yearly changes
1st Qtr 2nd Qtr 3rd Qtr
Jan Feb Mar Apr May June July Aug Sep Oct
a a a A a a a a
2012 9176 9198 9268 9273 9290 9291 9324 9351 9341 9376
2.8% 2.0% 2.3% 2.4% 2.7% 2.4% 2.1% 2.3%
2013 9437 9453 9456 9484 9516 9542 9552 9545 9552 9689
2.4% 2.4% 2.6% 2.8% 2.9% 2.7% 3.0% 3.2% 3.3%
2014 9664 9681 9702 9750 9796 9800 9835 9846 9870 9886
3.2% 2.9% 2.841 2.5% 1.9% 2.4% 2.1% 2.0% 2.0%
2015 9972 9962 9972 9992 9979 10039 10037 10039 10065 10128
1.6% 2.2% 2.7% 2.9% 3.4% 3.0% 3.4% 3.4% 3.4%
2016 10132 10181 10242 10279 10315 10337 10379 10385 10403 10434
3.9% 1.0% 0.3% 3.9% 3.7% 3.5% 4.0% 4.4% 4.0%
2017 10532 inm 10278 10679 10692 10703 lmaa 1nR42 10823 10817
3.3% 5.9% 6.6% 2.7% 3.0% 3.4% 3.0% 2.6% 3.2%
2018 10878 10889 109588 10972 11013 11068.6 11116 11124 11170 11183
Page 11 of 66
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Page 12 of 66
0-
Oak
Park Heights
Request for Council Action
Meeting Date November 28th,2018
Time Required: 1 Minute
Agenda Item Title: Approve Change Order#2—Palmer Station&Utility Improvements
Relating to Time Extension
Agenda Placement Consent A en
Originating Department/Requ r: E ' Jo Ci strator
Requester's Signature Ar
Action Requested A rove ChanOrder#2—Palmer Station&Utility Improvements
Relating to Ti a Extension.
Background/Justification(Please i dicate if any previous action has been taken or if other public
bodies have advised):
Approve Change Order#2—See Memo from the City Engineer Dated November 8'
2018
Page 13 of 66
Stantec Stantec Consulting Services Inc.
2335 Highway 36 West,St.Paul MN 55113-3819
November 8, 2018
City of Oak Park Heights
Attn: Eric Johnson
14168 Oak Park Blvd. N.
Oak Park Heights, MN 55082-2007
Re: Palmer Station Street&Utility Improvements—Construction Contract Change Order No.2
Stantec Project No. 193804151
Dear Eric,
Transmitted herewith are four(4)copies of Change Order No. 2 for the above referenced project.
This Change Order provides for an additional extension of the substantial completion date for the project.
The contractor has requested this additional extension due to further delays caused by weather, and the
developers retaining wall contractors delay in completing the retaining wall on the project. These issues are
outside the contractor's control. The substantial completion date would be extended from October 31, 2018
to November 14, 2018. For the reasons outlined above, it is our recommendation that the time extension
be granted.
If the City Council chooses to, it would be appropriate to approve Construction Contract Change Order
No.2.
If approved, please execute the documents, keep one(1)copy for your files,forward two(2)copies to the
contractor, and one(1)copy to our office (labeled Engineer's Copy).
Should you have any questions regarding this, please feel free to call me at 651-604-4850.
Regards,
Stantec Consulting Services Inc.
Lee M. Mann, PE
City Engineer
Lee.mann@stantec.com
Attachment: Change Order No. 2 (4 copies)
Design with community in mind
Page 14 of 66
Owner: City of Oak Park Hts., P.O. Box 2007,Oak Park Hts.,MN 55082 Date November 8,2018
Starrtec Contractor: Miller Excavating, Inc.,3741 Stagecoach Trail,Still water,MN 55082
Bond No:
Bond Co:Granite Re, Inc., 14001 Quailbrook Dr.,Oklahoma City,OK 73134 GRMN41964A
CHANGE ORDER NO. 2
PALMER STATION STREET AND UTILITY IMPROVEMENT
STANTEC PROJECT NO. 193804151
Description of Work
This Change Order provides for an extension of 10 working days to the Substantial Completion Date due to rain delays
and delays due to the developers retaining wall contractor. No additional compensation will be provided to the
Contractor for this change in dates.
Page 15 of 66
193864151CH02.x1sm
Original Contract Amount $599,881.66
Previous Change Orders $0.00
This Change Order $0.00
Revised Contract Amount (including this change order) $599,881.66
CHANGE IN CONTRACT TIMES
Original Contract Times:
Substantial Completion (days or date): October 5, 2018
Ready for final Payment (days or date): September 27, 2019
Increase of this Chanpe Order:
Substantial Completion (days or date): November 14, 2018
Ready for final Payment (days or date): NO CHANGE
Contract Time with all approved Change Orders:
Substantial Completion (days or date): October 31, 2018
Ready for final Payment (days or date):
Recommended for Approval by:
STANTEC
wi Date:
Approved by Contractor: Appr ed O e/
MILLER EXCAVATING, INC. CIT OF 0 ', EIGHTS
Date D
cc: Owner
Contractor
Bonding Company
Stantec
Page 16 of 66
193804151 CH02.xlsm
Oak Park Heights
Request for Council Action
Meeting Date November 27th 2018
Time Required: 1 Minutes
Agenda Item Title: Appointments to the Joint Airport(Commission)Zoning Board—Lake
Elmo Airport
Agenda Placement Consent AgendaZ/"/
Originating Department/Requ Yson CityAnistrator
Requester's Signature
Action Requested AppoilfMavor McComber and Council Member Liliegren to the Joint
Ai o Commission Zoning Board.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
If the Council would like to appoint two persons to the JAZB (Airport Board)that deadline is
approaching. Please see the enclosed letter. Mayor McComber and Council Member Liljegren
expressed an interest to serve on such board.
Page 17 of 66
YEARS
Metropolitan Airports Commission
6040 28th Avenue South,Minneapolis, MN 55450-2799.612-726-8100•metroairports.org
October 26, 2018
Mr. Eric Johnson
City Administrator
Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights, MN 55082
Dear Mr. Johnson:
As discussed at the informational meeting held on Tuesday, October 9, 2018, the Metropolitan Airports
Commission (MAC) intends to establish a Joint Airport Zoning Board (JAZB) to develop an Airport
Safety and Land Use Zoning Ordinance (Airport Zoning Ordinance)for Lake Elmo Airport.
Airport Safety and Land Use Zoning is addressed 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 considers MnDOT's model regulations and achieves
a reasonable level of safety while considering compatible community development.The ordinance must
regulate the creation of airport hazards 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.
In order to move forward with this process, MAC requests that each affected community appoint two
representatives to participate in the Joint Airport Zoning Board for Lake Elmo Airport within 60 days of
receiving this notice. Each community may also identify up to two individuals as alternate members who
can serve in the event that a primary member is absent.
Each community has the option to decide not participate on the JAZB. Be advised that state law allows
the participating members of the JAZB to adopt and enforce an Airport Zoning Ordinance in all affected
communities regardless of participation on the JAZB. Please let us know if you decide not to join the
JAZB.Also note that failure to respond or appoint two representatives within 60 days will be taken as a
decision to not join the JAZB.
We look forward to receiving information for appointments. 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,
Bridget M. Rief, P.E.
Vice President, Planning and Development
Minneapolis-St. Paul -rnatbnal - Airlake - Anoka COUnty-Blaine - Elmo St. Paul Downtown
Page 18 of 66
Oak Park Heights
Request for Council Action
Meeting Date November 27th, 2018
Time Required: 15 Minutes
Agenda Item Title: NO WAKE Zone Request TAanMide Marina
Agenda Placement Old Business Z/�Z/
Originating Department/Requestric hn Citv Administrator
Requester's Signature
Action Requested Discussion P Bible Action
Background/Justification(Please i dicate if any previous action has been taken or if other public
bodies have advised):
PLEASE SEE THE ENCLOSED MEMO
Page 19 of 66
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City of Oak Park Heights Page 1 of 1
14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574
November 20,2018
MEMO
T0: Mayor and City Council Members
40�1—
FROM: Eric Johnson,City Administrator
RE: No Wake Zone Follow-up for 11127118 City Council Meeting.
The City Council's last point of discussion on the NO WAKE ZONE matter was to secure some further information regarding enforcement
of currently implemented NO WAKE regulations and/or statutes so as to possibly reduce the incidence of potentially damaging wakes
without the establishment of a NO WAKE ZONE.
While there may be various enforcement or civil actions related to impacts of a wake, the primary relevant statute relevant to this
discussion appears to be MN STAT.86B.311 parts(1)and(2),see below.
86B.311 GENERAL Ri1I.ES FOR OPERATION.
Subdivision 1.Safe operation.A person may not operate or allow the operation of a watercraft or use
a device relating to the use of the watercraft:
(1)in a careless or heedless manner in disregard of the rights or safety of others;
(2)in a reckless or grossly negligent manner that causes personal injury to another or damage to the
property of another:
The City did reach out to both the Washington County Sheriffs Office and the Minnesota Department of Natural Resources as these are
the two key agencies with the primary jurisdiction over these waters.Their responses are enclosed,but to summarize:
• The DNR has few"contacts"related to this matter-but is to be expected as there is only one Conservation Officer in the area.
• The Sheriffs Office has had more contacts for general enforcement on other related matters-with only one (1) personal
watercraft wake violation.Their report/data is enclosed. It is possible that our window of requested data was limited-only two
months, however their opinion was that it would not likely net different results if expanded. Commander Cheri Dexter from the
Sherriffs Office will be present at the meeting to answer questions and take input.
Staff Recommendation:
Recall,the City was asked to take a position and advocate for a NO WAKE ZONE from the Sunnyside Marina as an action under which
the MNDNR and/or the Lower St. Management Commission(LSCMC)would require before an action would be considered.While the
City could take a position,taking a position is not a necessary action for that LSCMC or the MNDNR to implement any new rules.This
was discussed previously.
Generally,this matter remains outside the City's jurisdiction and capacity to enforce and essentially falls upon the Sheriff and MNDNR
to enforce any such rules and ultimately pursue charges for such actions if citations are issued.Advocates of either position should reach
out to their State and County representatives to engage them on their policies,laws and statutes and most importantly how they allocate
their resources as these are not unlimited.
If a position is desired to be taken at all by the Council;Staff would continue to recommend that the Resolution provided in the 9/21/18
memo be considered which proposes that all parties involved need to have a complete and inclusive dialogue as this cannot be
accomplished with any uniformity in a piecemeal fashion. This position is also consistent with the proposed 20-year plan that is now
being initiated with the MNNDR/LSCMC and was recently discussed at their 8/30/18 Commission meeting(Minutes attached)
ENCLOSURES:
1. Washington County Sheriff Response Dated 1015118 4. Staff Memo dated 9121118-with enclosures 1-5 only.
2. MNDNR Email response-Dated 1116118 5. LSCMC-Meeting Minutes 8130118
3. MN STAT.86B.311
No-Wake Memo 11/20/18 1 of 21
Page 20 of 66
t f elMLIPS vOF,
C6u�
aLA Office of the Sheriff .
.�...
a mmihn"t to fteawe
L
Dan tlisrry
mom
Bryn R Nusller
Chief Deputy
Eric Johnson October 5,2018
City of Oak Park Heights
14168 Oak Park Blvd
Oak Park Heights,MN 55082
Deer Eric,
This lather is in response to your request fuer a report on any enforcement actions upon an operator
for violadion of MN M.311(2)or oQrers as it relates to the impacts a wake generated fi+am their boat
damages property.Minnesota Rule 6110.1200 Sub.2A also covers wake violations that endanger,
harass,or unnecessarily interfexe with any other person or pwperty.
The St Croix River by Sunnyside Marina is actively patrolled and numerous contacts aro made
with boating operators for violations of Mmnesota Statutes and Rules.From August 1'c to present the
St Croix River has not been under a general slow no wake and&utt wn violations were doCwmeatod
with ane rafmancing a personal watercraft wake violation.
The Washington County Sheriff S Office is dedicated to providing the finest quality law
enfaa+cement services to citizens enjoying the county's abundant water,part;and tram resources.The
Sheriff s Office will collaboratively work with Oak Park Heights and Sunnyside Marina to enhance
education and enforcement on the St Croix River regarding wake concerns.
If you would like us to host a meeting for your City and Sunnyside to address concem%we would be
happy to do so.
Sincerely,
•Dexter Kyle Schcack
commander sergeant
Law Enforcement Center • 15015 BZnd Sheet North---P.O.Box 3801,Stiihuater,Minnesota 55092 801
Phone: 651.430.7600 • Foc 65143x7503 • TrY: 651 246
33 of 59 www.ao.wee ftion.lnn.ue
Equal Employrnent Opportuelly/AfffneA le Action No-Wake Memo 11/20118 2 of 21
Page 21 of 66
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No-Wake Memo 11/20/18 3 of 21
Page 22 of 66
Eric Johnson
From: Parker, Keith (DNR) <keith.parker@state.mn.us>
Sem: Tuesday, November 6,2018 10:55 AM
To: Eric Johnson
Subject: RE:NO WAKE ZONE Inquiry to Agencies 10-1-18 ST CROIX RIVER.pdf
Hello Eric,
It was good to catch up to you this morning. I checked with our enforcement team regarding the No Wake Zone Inquiry
and here is our response: Hi Keith-
I had staff query our system,doesn't sound like we have any information requested.
Lieutenant Adam Block
State Boating Law Administrator I Division of Enforcement
Minnesota Department of Natural Resources
500 Lafayette Road
St Paul, MN 55155-4047
Phone: 651-259-5057
Email:adam.block@state.mn.us
mndnr.gov
From:Eric Johnson(mailto:eajohnson@cityofoakparkheights.tom]
Sent:Tuesday,October 16,2018 3:01 PM
To:Parker,Keith(DNR)<keith.parker@state.mn.us>
Subject: RE:NO WAKE ZONE- Inquiry to Agencies 10-1-18-ST CROIX RIVER.pdf
10-16-18
Dear Keith,
Might you have had a chance to review this?
Thanks
eric
From:Eric Johnson
Sent:Monday,October 1,2018 9:39 AM
To:'Parker,Keith(DNR)'<keith.oarkerL@state.mn.us>;'sheriff@co.washington.mn.us'<sheriff@co.washineton mn us>
Subject:NO WAKE ZONE-Inquiry to Agencies 10-1-18-ST CROIX RIVER.pdf
10-1-18
Dear Keith and Dan:
As a follow-up'to the much discussed no wake zone...could you please take a look at the attached letter and let us know
what kind of
1 No-Wake Memo 11/20/18 4 of 21
Page 23 of 66
1 MINNESOTA STATUTES 2018 86B.311
868.311 GENERAL RULES FOR OPERATION.
Subdivision 1.Safe operation.A person may not operate or allow the operation of a watercraft or use
a device relating to the use of the watercraft:
(1)in a careless or heedless manner in disregard of the rights or safety of others;
(2) in a reckless or grossly negligent manner that causes personal injury to another or damage to the
property of another,
(3)upon the waters of this state without the equipment required by this chapter and the rules adopted
under this chapter;or
(4)that is loaded with passengers or cargo beyond the watercrafYs safe carrying capacity or is equipped
with a motor or other propulsion machinery beyond the watercraft's safe power capacity.
Subd.2-Obstructing navigation.A person may not operate a watercraft in a planner that obstructs or
tends to obstruct normal and ordinary navigation on the waters of this state.
Subd.3.Unauthorized mooring.A person may not moor,attach,or hold in any manner a watercraft
to a buoy or any other marking device or guide placed in the waters of this state pursuant to lawful authority.
This subdivision does not apply to a mooring buoy.
Subd.4.Swimming or bathing areas.A person may not operate a watercraft within a water area that
has been marked off or set aside as a swimming or bathing area as prescribed by the commissioner's rules.
Subd.5.Riding on gunwales or decking.A person may not ride or sit and a person may not operate a
motorboat while a person is riding or sitting on(i)the starboard or port gunwales;(n)the decking over the
bow,sides,or stern;or(iii)the transom,of a motorboat while underway unless the motorboat is provided
with adequate guards or railing to prevent passengers from falling overboard.
Subd.6.Law enforcement watercraft displaying emergency lights.When approaching and passing
a law enforcement watercraft with its emergency lights activated,the operator of a watercraft must safely
move the watercraft away from the law enforcement watercraft and maintain a slow-no wake speed while
within 150 feet of the law enforcement watercraft.
History:1990 c 391 art 9 s 14;2002 c 323 s 1;2009 c 176 art l s 20
Copyright C 2018 by the Revisor of Statutes,State of hrumesota.All Rights Reserved.
No-Wake Memo 11/20/18 5 of 21
Page 24 of 66
rs
City of Oak Park Heights
14168 Oak Park Blvd N•Box 2007*Oak Park Heights,MN 55082•Phone(651)439-4434•Fax(651)439-0594
9/21/18
MEMO
TO: Mayor and City Council members
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
��1■�G
WAKE ZONE;on the St.Croix River-to
be located north of the St. Croix River
Crossingto a point perpendicular to the Suni�W�ide Atarrna
northern boundary limit of the Sunnyside �.
Marina. (Image below); they cite issues
of people being "tossed around" inside ,g
their boats and concerns about fueling. �►
On August 28t6, the City Council
'I
scheduled a public hearing for -
September 25n,2018 to take input on "� 26, 2
,r�
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 heating 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 86B.205(9).(Statute Enclosed)
As City Staffunderstands such law,procedurally,the City may only request that the DNR establish
such NO WAKE ZONE as outlined ins-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.
No-Wake Memo 11/20/18 6 of 21
Page 25 of 66
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.
RECOMMENDATION
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 ZONE 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;
1. 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
No-Wake Memo 11/20/18 7 of 21
Page 26 of 66
E
RESOLUTION NCLOSURE 1
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.Croix River lying generally east of their facility,
and,
Whereas,the City Council did host a public hearing on September 25'x,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—86B.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 LowerSt. 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
No-Wake Memo 11/20/18 8 of 21
Page 27 of 66
ENCLOSURE 2
SUNNY'
51�E
Eric Johnson,City Administrator
Oak Park Heights,Minnesota
Dear Eric,
This letter Is being written on behalf of the Pori of Sunnyside Club,Inc.dba Sunnyside Marine.
The Sunnyside Marine Board of Directors asked me to contact you to request that the Oak park
Heights City Council consider a resolution requesting a"No Wake"zone be established
extending the full length of Sunnyside Marina.
The reason for this request Is 10096 based on the safety of our boaters,their children and our
employees working on our fuel dock.Although all boat operators are responsible forthe wake
their boat creates and the damage that may result from that wake,large boats running past
Sunnyside Marine continue to create the worst possible kind of wake.They do this by running
their boats at speeds where the largest wake possible is created.For the most part,these boat
operators are simply unaware what their wake is causing.When they are running on the
Wisconsin side of the River,they do not believe their wake could possibly effect our marina.
Our Board of Directors continues to hear horror stories about people in the marina being
tossed around Inside their boats when these type of wakes go throw the marina.Our fuel
Dods employees have a very difficuittime 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 considenation to this matter is greatly appreciated.
Sincerely,
Rick Chapman,General Manager
The Port of Sunnyside Club,Inc.
No-Wake Memo 11/20/18 9 of 21
Page 28 of 66
ENCLOSURE 3
8613.20S 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.
No-Wake Memo 11/20/18 10 of 21
Page 29 of 66
Enclosure 4
000PERATIWIE A9pEEilEflT
THIS AGREEMENT, Made between the United States of Awariee, the
state of Misnesots. and the State of Wisconsin,
W17NESSM:
WHEREAS the Congress of the United States has eructed the Wild
and Scenic Rivers Act, Public Law 90-642, 82 Stat. 906, which has designated
for inclusion within the National Wild ad Scenic Rivers spin that portion
of the St. Croix River, Ninnesota and Wisconsin, between the dawn at Taylors
Falls and the dam near Gordon, Wisconsin, and its tributary, the Nionkagon,
from Lake Namekagon downstream to its confluence with the St. Croix; and
jog= the Congress of-the united States has emended the above
Act with enactment of Public Law 92-M, 86 Stat. 1174, which has designated
for inclusicm within the National Wild and Scenic Rivers System that portion of
the Lower St. Croix River, Hianesota and Wisconsin, between the dam near
Taylors Falls and its amflmc@ with the Nississippi River; and
WHEREAS section 2 of Public Law 92-50 provides that the lower
twenty-five miles shall be designated by the Secretary upon his approval of as
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 enactout prepare a eenpre&nstve
easter pian which will be undertaken Jointly by the Secretary and the
appropriate agencies of the affected States end shall include a determination
of the lands, waters, and interest therein to be acquired, developed, and
adwinisterad; and classification of said segeent 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 Staten of Minnesota and Wisconsin of such State lands.
resources and facilities that Ito within the twenty-seven-mile segment to be
aftnistered by the Secretary of the interior{ and
WHEREAS the Minnesota-Wisconsin Amdary Area Coamission, ■ public
agency sponsored by the States of Minnesota and Wisconsin, is authorized to
make recoaeandations to proper governwantal agencies concerned with the boundary
portion of the St. Croix River with regard to land coed water use, including
r
No-Wake Memo 11/20/18 11 of 21
Page 30 of 66
proposed laws, administrative rules, ordinances, or other regulations; and
WHEREAS the 111mrasote4lisconsin Boundary Area Commission has offered
r 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 SecNan 10(e) of Public Latif 90-542 authorized the Federal
Agency charged with the administration of my component of the National Wild
and Scenic Rivers System to anter into written cooperative agreements with the
Governor of a State or the head of a State agency for State parti of pation in
the administration of the component; and
WHEREAS it is the desire of the United States and Ntanesota and
Wisconsin to enter into a cooperative agreement to provide for coordination in
the planning, land acquisition, development, protection, and mmnagenent of the
Lower St. Croix National Scenic Riverway;
HOW, THEREFORE, in consideration of the forementioned Acts and mutual
agreements hereinafter contained, the parties do agree as follower
1. A lower St. Croix Nanagenent Commission shall be farmed to bring
together periodically the parties responsible for the implammwttation of Public
i
Law 92-560 and the waster plan for the Lamar St. Croix National Scenic Riverwq.
11. The awembership shall consist of an appointed representative from
the National Pgrk Service, State of Nionota Dept of Natural Resources.
and State of Wisconsin Oepertoent of Natural Resources.
111. The Executive Director of the Nimmota-Wisconsin Boundto Aran
Commission shall serve as an w wfficio and non-voting amber of the Lower St.
Croix Management Commission and provide assistance in coordinating meetings of
E 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.
Yl. The objectives of this Commission shall be:
A. To provide a regular forum for discussion of mutual
problems. activities and programs associated with the
t
Lower St. Croix National Scenic Riverwgy.
B. To coordinate program and plans of the parties to avoid
duplication and conflict with agrenents, and State and
Federal legislation.
(2)
No-Wake Memo 11/20/18 12 of 21
Page 31 of 66
C. To prowte and ensure coordination with local units of
government and other interests.
D. To monitor implementation of plans ad pragraas for the
Laurer St. Croix River consistent with the National Wild
and Scenic River Act as Amended.
E. To foreulate uniforn policies insofar as possible ening
the parties.
V. This agreeeant as to the State of Minnesota and the State of
Wisconsin shall not be construed to create am 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 agreasient shall continue in affect until tensination by
mutual consent of the parties. Notwithstanding the foregoing. this Agrawnt
grey be terminated unilaterally by qtly of the parties hereto upon 3D-dWs
written notiux to the other two participants.
Vll. This agreement shall be in effect when executed by the
Secretary of The Interior, Governor of the State of Minnesota, and Governor of
the Stat@ of Wisconsin or their appointed representatives.
UNITED STATES OF AMERICA
Y,(;" _,4 j,Z. AMs q?
National ar c ery oe
Departoont of the Interior
STATE OF MINNESOTA
�► malt 'Pt4op
S1;AfE OF IN
6
(3)
No-Wake Memo 11/20/18 13 of 21
Page 32 of 66
Enclosure 5
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No-Wake Memo 11/20/18 14 of 21
�, - '" Page 33 of 66
CONTENTS
Background
Purpose of and Need for the Cooperative Management Plan 1
The Planning Process 1
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 ResourceaNalues 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: Laud Use Regulation Guidelines 59
B: Water Surface Use Guidelines 65
C: Implementation Costs 68
D: Legislation 69
Vii
No-Wake Memo 11/20/18 15 of 21
Paae 34 of 66
MAPS
Region v
Boundary 5
Landownership 7-11
Land 31
Water 38
TABLES
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
F
1
i
I
V11Y
No-Wake Memo 11/20/18 16 of 21
Page 35 of 66
f APPENDIX B: WATER SURFACE USE REGULATION GUIDELINES
2
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-1 960s in the form of limited slow- tions.It is based on the following four
no-wake zones in the Hudson,Kinnicki- water management districts:
nn.c, and Prescott narrows. Those limits
were established by order of the Washing-
ton
ashington 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 Study 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 pct, 1968),con- will also vary significantly,they will be
cluded boating use of the river was by then strictly controlled in some limited areas
Jj
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& 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.
lacing boating. The result was appendix B and in terms of the intensity of activity. A
of the Master Plan(1976),which contained variety of 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
lowstates 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 limited areas (such as narrows areas);
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.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
65
No-Wake Memo 11/20/18 17 of 21
Page 36 of 66__
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
Density Policy
Moderate Recreation:20 mph
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
boat.
Shore Activity Zone
Craft Type Restrictions
A shore activity zone is needed to reduce
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 No-Wake Memo 11/20/18 18 of 21
Page 37 of 66
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 tower St.Croix National Scenic Riverway
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 far 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 agenciesand updated everyMyears.This coming year we
will begin our review of the plan.The plan takes into consideration things like safety,erosion and b
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
No-Wake Memo 11/20/18 19 of 21
Page 38 of 66
the establishment of a slow/no wake zone on the St.Croix,particularly Stillwater,from the south end at the
Dock Cafe to north at Mulberry Point from shore to shore.In June 2018,the City Council approved a
resolution to establish a slow/no wake zone.All materials were forwarded to Conservation Officer Adam
Block,who provided them to the Lower St.Croix Commission.
Presentation:Wakes on the Scenic Riverway,Part 6(complete presentation attached)
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 Falls 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 Galonske(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 signifiicant 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
No-Wake Memo 11/20/18 20 of 21
Page 39 of 66
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.
No-Wake Memo 11/20/18 21 of 21
Page 40 of 66
Oak Park Heights
Request for Council Action
Meeting Date November 27th, 2018
Time Required: 1 Minute
Agenda Item Title: Feasibility 58th- Street and Memorial Ave.
Agenda Placement Old Business
Originating Department/Requestor E ' JoIur,,jnWiLy A4Ministrator
Requester's Signature
Action Requested Feasibility Study 58th Street and Memorial Ave.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
A DRAFT Resolution is again enclosed as well as a DRAFT set of Assessment Policies.
Depending on the discussion at the Worksession planned for 5 pm on 11/27 the Council may
decide to move forward with the Project. Moving forward with the Project for 2019 as
contemplated would require the adoption of such a resolution and also a related adoption of
Assessment Policies.
Excerpt from 11/13/18 Council Action Sheet:
At the June 2611 work session,the City Council discussed the concepts of a re-construction of
Memorial Ave and 58d'Street as many sections of the street are or nil exceed their designed
capacity. On July 211,the Council approved the action to complete a feasibility study to determine
costs and possible assessment scope.That study is now completed and generally ready for Council
review and discussion.
Please note the following:
1. Lee Mann wtill present some general facts found the Study at the Council meeting on 11113
including costs,construction types and lists of properties that could be assessed.
2. We have also enclosed a DRAFT resolution that would initiate that assessment process and
the general parameters relating to that 429 Assessment process.
However, the costs associated with this project are significant to both the City Street
Reconstruction Fund as well as could result in substantial assessments.Therefore,there are some
options that should be discussed in more detail before moving fonvard, such as could certain
portions be re-claimed versus reconstructed and might the City need an improvement appraisal.
Stafwnuld recommend that these be items reviewed in a A'orksession poor to the City Council
Meeting on 11,27i 18 unth possible Council action thereafter.
Page 41 of 66
RESOLUTION
A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS
APPROVING THE FINAL ASSESSMENT POLICIES AND PARAMETERS FOR THE
NECESSARY STREET RECONSTRUCTION PLANNED FOR 2019 ACKNOWLEDGING
THE RECEIPT OF THE FEASIBILITY REPORT AND ORDERS A PUBLIC
IMPROVEMENT HEARING ON THE PROJECT
Whereas, the City of Oak Park heights has numerous lane miles of streets that are in need of major
repair and replacement, generally being 58h street, lying west of CTY Hwy 14 (Stillwater Blvd);
Minnesota Ave. and Memorial Ave these areas as shown on the Plan Map attached hereto as Exhibit
A and is further known as the Improvement Area; and,
Whereas,the related curbing and storm water management systems are also in need of major repair or
replacement; and,
Whereas,if any of the City's underground sanitary and water utility systems in this Improvement Area
are approaching the end of their useful life should be updated in conjunction with any major street
reconstruction so as to avoid duplicative and costly re-excavation and restoration; and,
Whereas, The City Council for the City of Oak Park Heights has carefully considered several options
for managing and funding the execution of each of the above elements so that costs are viable and
equitable based on long-term investment.
NOW, THEREFORE BE IT RESOLVED, that the City Council has received the final Feasibility
Report as prepared by the City Engineer for the proposed street reconstruction and related
improvements and does Order a Public Improvements Hearing to be held on
at the Oak Park Heights City Hall, located at 14168 Oak
Park Blvd to consider such improvements; and,
The City Clerk is hereby authorized and directed to cause notice of said hearing to be given two
publications in the official newspaper. Said publications shall be one week apart, and at least three
days shall elapse between the last publication and the hearing. Not less than ten days before the
hearing the Clerk shall mail notice of the hearing to the owner of each parcel of land within the area
proposed to be assessed as described in the notice. For the purpose of giving such mailed notice,
owners shall be those shown to be such on the records of the County Auditor or, if the tax statements
in the County are mailed by the County Treasurer, on the records of the County Treasurer. As to
properties not listed on the records of the County Auditor or the County Treasurer, the Clerk shall
ascertain such ownership by any practicable means and give mailed notice to such owners. The Form
of the Notice of Hearing shall be that as is approved by the City Attorney, and;
BE IT FURTHER RESOLVED that the City Council does hereby adopt the following Polices for
implementation of the Project elements and which shall supersede any previously considered policies
and shall be incorporated into the final Feasibility Report:
1. All streets planned to be reconstructed in 2019 shall not be reduced in width unless necessary
for functionality and as determined by the City Council on a case-by-case basis.
Page 42 of 66
2. All streets planned to be reconstructed shall have new concrete curbing placed along each side
of street. Curbing is anticipated to be of 136-18 standard design,non-surmountable; or shall be
a surmountable curb where desired by the City Council and which will be identified by the
City as the project progresses. Asphaltic/bituminous curbing shall not be installed.
3. Any water mains being replaced or installed shall change from cast iron to ductile iron. None
of these costs shall be directly assessed.
4. While water utilities are not anticipated to be addressed with the 2019 project, however if
impacted by the 2019 project and as determined by the City Engineer,the City shall replace at
its expense(not assessed)the currently installed(not new lines)private water service line from
the water main to (and including) the curb-stop, typically located at or near the property line.
Once installed, this service line becomes the responsibility of the property owner consistent
with City Ordinance. The City will replace this water service line from the main to the curb
stop in its current location. Should the property owner decide to relocate the curb stop location,
such as to remove it from a driveway surface to a lawn area,the City will pay for the connection
from the main to the curb stop in its new location so long as the new location remains in the
City's right-of-way and without obstructions. Should this new location occur it is the property
owner's responsibility and expense to directly connect and coordinate such construction of a
new direct water service line from the new curb-stop location to the home in a direct fashion
without the use of a union joint at the old curb-stop location.
If the old curb stop that is no longer going to be used lies within the apron of the driveway to
be replaced by the City, the City will remove the curb stop and service line to the main. If the
old curb-stop lies outside the apron to be replaced, the City will not remove the former curb-
stop but will terminate the service at the main. In locations where a new sanitary line is being
installed, the City shall replace at its expense (not assessed) the private sanitary service line
from the sanitary main to a point of connection at the private service typically located at or
near the property line. Once installed, this service line becomes the responsibility of the
property owner consistent with City Ordinance.
5. Storm water shall be managed via sub-surface concrete structures, ditch systems or other
methods and protocols typically anticipated in the impacted area and as specified by the City
Engineer.
6. The Project may replace the driveway aprons located in the right-of-way as part of the total
Project from the curb-line to the right-of way line if there are materially impacted by the Project
and as determined by the City Engineer. These costs shall be totaled and shall be calculated
into the total Street Assessment costs.All aprons shall remain the same general width onto the
City street. Asphalt aprons shall remain asphalt; concrete shall remain concrete, gravel shall
be upgraded to asphalt. Property owners who desire to install a concrete apron from an asphalt
apron or who may desire to widen the apron shall directly pay for these increased costs to the
City. These increased costs may be paid directly to the City in an upfront payment or may be
directly assessed (unsubsidized) and shall be included in their assessment to their property.
7. Should property owners desire that their entire driveway be replaced, the City shall direct the
residential property owner to their preferred contractor for an independent discussion. It is the
property owner's responsibility to coordinate all such work and secure necessary contracts and
performance standards with the contractor selected.
Page 43 of 66
8. Unless specifically authorized via a separate action by the City Council, the City shall not
install any new trails or sidewalks in conjunction with this Project.
9. The Street Assessment will pay for all typical costs associated with the removal and installation
of the street surface, drainages, curbing subgrades as well as the driveway aprons and items
noted herein.
10.In addition to the protocols set forth in this document, the following shall also be
implemented:
a. Total Street Reconstruction Costs will be assessed at a % rate (to the
property owner)and generally includes: streets,curbing,stormwater and impacted
aprons consistent with the City Street Assessment Policies.
b. For taxable and City of Oak Park Heights' parcels only: Assessments may be
reduced (subsidized) in an amount to be determined by the City Council utilizing
funds available in the City Street Reconstruction Fund.
c. Only Non-Tax-Exempt Properties (defined as properties that have regularly been
and are subject to the established City property tax) shall directly benefit from the
Street Reconstruction Fund as they have contributed tax dollars to create such
Fund.Tax-exempt parcels within the City limits shall pay the costs of the project
per frontage foot at the actual calculated costs without City Street Reconstruction
Fund subsidy.
BE IT FURTHER RESOLVED The City Council shall develop and consider policies that relate
to assessment deferment based on applicable standing under Minnesota law, and;
BE IT FURTHER RESOLVED The City Council does find that the proposed street
reconstruction elements and their related improvements, collectively being capital improvements,
do not induce deviations from the adopted 2008 Comprehensive Plan and therefore the proposed
capital improvements have no relationship to the adopted 2008 Comprehensive Plan and does not
require review by the City Planning Commission.
ADOPTED by the City Council for the City of Oak Park Heights Council this 27th day of
November
Signed:
Mayor Mary McComber
Attest:
Eric Johnson,City Administrator
Page 44 of 66
Exhibit A to Resolution-Improvement Area-2019
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Page 45 of 66
r
CITY OF OAK PARK HEIGHTS
SPECIAL ASSESSMENT POLICIES
AND PROCEDURES
FOR
PUBLIC IMPROVEMENTS
ADOPTED:
Page 46 of 66
TABLE OF CONTENTS
SECTION I: GENERAL POLICY STATEMENT.........................................................................3
SECTION II: DEFINITION OF IMPROVEMENTS ELIGIBLE FOR SPECIAL ASSESSMENT...5
SECTION III: INITIATION OF PUBLIC IMPROVEMENT PROJECTS.......................................7
SECTION IV: PUBLIC IMPROVEMENT PROCEDURES..........................................................8
SECTION V: GENERAL ASSESSMENT POLICIES...............................................................10
SECTION VI: METHODS OF ASSESSMENT.........................................................................13
SECTION VII: POLICIES OF REASSESSMENT....................................................................16
SECTION VIII: DETERMINATION OF ASSESSABLE COSTS...............................................17
2
Page 47 of 66
SECTION I.
GENERAL POLICY STATEMENT
A special assessment is a levy on a properly to defray the cost of public improvements. Chapter
429 of the Minnesota Statutes grants cities the authority to use special assessments as a
mechanism to finance a broad range of public improvements. The primary purpose of special
assessments is to have the properties that benefit from the public improvements pay as much of
the cost of the improvements as reasonable, thereby reducing a city's reliance on general
property taxes. However, Chapter 429 of the Minnesota Statutes limits the amount that may be
assessed to the increase in the market value of the property being assessed as a result of the
public improvement.
The purpose of this Special Assessment Policy is to establish a fair and equitable manner of
recovering and distributing the cost of public improvements. The procedures used by the City of
Oak Park Heights ("City") for levying special assessments are those specified by Minnesota
Statutes § Chapter 429, which provides that "all or a part of the cost of improvements may be
assessed against benefiting properties." This assessment policy is intended to serve as a
general guide for a systematic assessment process in the City..
Special Assessments must meet the following criteria as determined by the City Council:
A. The land will receive special benefit from the improvement and/or
B. The amount of the assessment must not exceed the special benefit and/or
C. The assessment must be uniform in relation to the same class of property within the
assessment area.
It is important to recognize that the actual cost of extending an improvement past a particular
parcel is not the determining factor in determining the amount to be assessed. However, in most
cases the method for determining the value of the benefit received by the improvement, and
therefore the amount to be assessed, shall be the cost of providing the improvement, as long as
the cost does not exceed the increase in the market value of the property being assessed. The
entire project should typically be considered as a whole for the purpose of calculating and
computing an assessment rate. In the event City has reasonable doubt as to whether or not the
3
Page 48 of 66
costs of the project may exceed the special benefits to the property, the City Council may obtain
such appraisals as may be necessary to support the proposed assessment.
The City must recover the expense of installing public improvements undertaken, while ensuring
that each parcel pays its fair share of the project cost in accordance with these assessment
guidelines. While there is no perfect assessment policy, it is important that assessments be
implemented in a reasonable, consistent and fair manner. There may be exceptions to the
policy or unique circumstances or situations that may require special consideration and
discretion by City staff and the City Council.
4
Page 49 of 66
SECTION II.
DEFINITION OF IMPROVEMENTS ELIGIBLE
FOR SPECIAL ASSESSMENT
Various types of public improvements that are allowable under Minnesota Statutes §429.021.
Generally- including:
A. Street and sidewalk improvements: Acquisition, construction, reconstruction,
extension and major maintenance of any street and sidewalk and improvement of streets
and sidewalks including base and subbase, pavement, gutters, curbs, and vehicle
parking stripes, paver cross walks, pedestrian crossings, medians, beautification
amenities, and street and sidewalk drainage systems.
B. Street lighting systems. Installation, replacement, extension, and maintenance of
street lights, street lighting systems, and special lighting systems.
C. Parks, trails, open space areas, playgrounds, and recreational facilities. Acquisition
and improvement of land, and purchase of equipment and facilities, and the
construction, reconstruction, and extension of trails.
D. Street trees. Planting, trimming, care, and removal.
E. Potable waterworks systems. Construction, reconstruction, extension, and
maintenance of water supply wells and pump houses, water treatment facilities, storage
tanks, and all components of the watermain distribution system network and related
appurtenances.
F. Sanitary sewer systems. Acquisition, development, construction, reconstruction,
extension, and maintenance of sanitary sewer conveyance and treatment systems. This
may include sanitary sewers, interceptor mains, lift stations, treatment facilities and
treatment systems, service connections, and other appurtenances of a sanitary sewer
system.
G. Storm sewer and drainage systems. Acquisition, development, construction,
reconstruction, extension, and maintenance of storm water management facilities and
storm sewer systems. This may include outlets, culverts, pipe systems, catch basins,
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Page 50 of 66
holding areas and ponds, infiltration basins, rain gardens, treatment plants, pumps, lift
stations, service connections, and other appurtenances of a storm sewer system.
H. Nuisance abatement. Includes, but is not limited to, draining and filling swamps,
marshes, and ponds on public or private property.
I. Dikes and other flood control works. Construction, reconstruction, extension, and
maintenance.
J. Retaining and area walls, including highway noise barriers. Acquisition,
construction, reconstruction, improvement alteration, extension, and maintenance.
K. Malls, plazas, or courtyards. Acquisition, construction, improvement, alteration,
extension, operation, maintenance, and promotion of public malls, plazas, and
courtyards.
L. Parking lots. Acquisition or construction of parking facilities.
6
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SECTION III.
INITIATION OF PUBLIC IMPROVEMENT PROJECTS
Public improvement projects may be initiated in the following ways:
A. A public improvement project may be initiated by petition of at least 35% of the affected
property owners.
B. Public improvements may be initiated by the City Council when, in its judgment, such
action is required.
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SECTION IV.
PUBLIC IMPROVEMENT PROCEDURES
The following is the general procedure that may be followed by the City Council for all public
improvement projects from initiation of such a project through certification of the assessment
role to the County Auditor. The City Council reserves the right to alter the procedure on a case-
by-case basis and within the context of Minnesota Statues § Chapter 429.
Improvements of different kinds anywhere in the City may be included in a proceeding and
conducted as one or more improvements. Thus, a single proceeding may encompass all
elements.
A. Staff reviews petition for local improvements from property owners and submits the
petition to the City Council, or the City Council passes an action ordering a Feasibility
Report on the improvement.
B. Council accepts or rejects the petition. If accepted, the Council orders the preparation of
a Feasibility Report on the improvement. The Council may condition further action on the
recovery of costs associated with the project and/or Feasibility Report.
C. Staff prepares a Feasibility Report on the proposed improvements, or reviews the report
submitted by another agency/representatives.
D. Council accepts or rejects the Feasibility Report. If accepted, the Council may order a
public hearing (improvement/assessment hearings) on the improvements.
E. Staff publishes a hearing notice and mails notices to the affected property owners.
F. Council conducts improvement hearing and adopts or rejects a resolution ordering the
improvement and the preparation of plans and specifications. Bonds to finance project
costs may be issued at any time after the improvements are ordered.
G. Staff prepares final plans for Council approval. Council approves the plans and
authorizes the advertisement of the improvements and the opening of Bids.
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Page 53 of 66
H. Staff receives bids, prepares a bid tabulation, and makes a recommendation to the City
Council for Award. Council rejects the bids or awards a contract based on the bids
received.
I. Performance of the work under contract is completed. Staff supervises construction,
prepares payments, and completes the improvement project.
J. Staff prepares an assessment roll and presents it to the Council.
K. Council reviews the assessment schedule and orders an assessment hearing.
L. Staff publishes a hearing notice, mails the notice of hearing date and the proposed
assessments to the affected property owners.
M. Council conducts assessment hearing, adopts, revises, or rejects the resolution adopting
the assessment roll. If adopted, Council authorizes certification of the assessment to the
County Auditor.
N. Staff certifies the assessments to the County Auditor.
Note: At Council's discretion, Item G may be carried out in advance of the
improvement hearing.
Note: At Council's discretion, Items J-N may be carried out in advance to Council
award and constructing the improvements.
9
Page 54 of 66
SECTION V.
GENERAL ASSESSMENT POLICIES
The cost of any improvement shall be assessed upon property benefited by the improvements,
based upon the benefits received. The following general principles shall be used as a basis of
the City's assessment policy:
A. It is the general policy of the City to require future development in accordance with the
City Comprehensive Plan and for new areas of development in an orderly manner,
typically contiguous to existing development areas. It is also the general policy of the
City to require all new development areas to provide for adequate public infrastructure at
the Developer's sole and direct expense, and in accordance with the City
Comprehensive Plans and Design Standards.
B. The use of special assessments may be typically employed by the City to finance
needed public improvements (e.g. parks and trails, sidewalks, water, sewer, and street
improvements) in certain areas that have previously been developed without all needed
infrastructure, or to repair and/or replace aging infrastructure.
C. The "project cost" of an improvement includes the costs of all necessary construction
work required to accomplish the improvement, plus engineering, legal, administrative,
financing, and other contingent costs, including acquisition of right-of-way, easements
and other property. The financing charges include all costs of financing the project.
These costs include, but are not limited to, financial consultant's fees, bond attorney's
fees, and capitalized interest. When the project is started and funds are expended prior
to receiving the proceeds from a bond sale, the project may be charged interest on the
funds expended from the date of expenditure to the date the bond proceeds are
received. The interest rate charged will be the average interest rate earned by the City's
investments during the six months preceding the receipt of the bond proceeds. The
interest charged to the project shall be included as financing charges.
D. The "assessable cost" of an improvement is equal to the "project cost" minus the "City
cost".
E. The City will charge interest on Special Assessments at a rate specified in the a final
resolution. If bonds were sold to finance the improvement project, the interest rate shall
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Page 55 of 66
be two percent (2%) more than the average coupon interest rate of the bonds, rounded
to the nearest quarter of a percent. If no bonds were sold, the interest rate shall be set at
the rate of 2% over the most recently issued City general revenue bond or as allowed by
State law.
F. Pre payment. The City will certify each year's collection (principal and interest) to the
County Auditor by November 30th. The owner of any property that is assessed may pay
their assessment in full, interest free for a period of 30 days after the adoption of the
assessment. After such period interest shall be computed from the date specified in the
assessment resolution. The owner of any property that is assessed may also, at any
time prior to certification of the assessment or the first installment thereof to the county
auditor, pay the whole of the assessment on such property to the City, with interest
accrued to the date of payment. In any subsequent year, the owner may at any time
prior to November 15, prepay to the City, the whole assessment remaining due with
interest accrued to December 31 of the year in which said prepayment is being made.
G. Where an improvement is designed for service of an area beyond that of direct benefit,
increased project costs due to such provisions for future service extensions may be paid
for by the City. The City may levy assessments to cover this cost when a new
improvement is installed as an extension of the existing improvement. As an alternative,
the City may assess these costs to the area of future benefit immediately.
H. Where the project cost of an improvement is not entirely attributable to the need for
service to the area served by said improvement, or where unusual conditions beyond the
control of the owners of the property in the area served by the improvement would result
in an inequitable distribution of special assessments, the City, through the use of other
funds, may pay such "City cost" which, in the opinion of the City Council, represents the
excess cost not directly attributable to the area served.
I. If financial assistance is received by the City from the Federal Government, from the
State of Minnesota, the County, or from any other source to defray a portion of the costs
of a given improvement, such aid will be used first to reduce the "City cost" of the
improvement. If the financial assistance received is greater than the normal "City cost",
the remainder of the aid will be applied according to the terms of the assistance program
or at the Council's discretion.
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J. City-owned properties, including municipal building sites, parks and playgrounds, but not
including public streets and alleys, may be regarded as being assessable on the same
basis as if such property was privately-owned.
K. Improvements specifically designed for or shown to be of direct benefit to one or more
properties may be constructed by the City. The costs for these improvements may be
assessed directly to such properties, and not included in the assessments for the
remainder of the project.
L. Benefit Appraisals: In the event that City staff has doubt as to whether or not the
proposed assessments exceed the special benefits to the property in question
(increased property value as defined by State law), the City Council may order benefit
appraisals as deemed necessary to support the proposed assessments.
M. A property owner may elect to offset Special Assessments against condemnation
awards by executing a Net Assessment Agreement with the City Council.
N. Assessment Deferral Procedure for Green Acres Parcels: In cases where improvement
projects are determined to benefit properties that have been certified to qualify for Green
Acres exemption, the City will determine that portion of the project cost that benefits
those properties, and finance that portion of the project cost as a system cost. During
the period of deferral, interest shall be applied annually to the unpaid principal balance of
the deferred amount at the rate established on the original special assessment, or as
adopted by resolution of the City Council at the time the original assessment is adopted.
Once the benefiting properties no longer qualify for Green Acres status, the City may
recover the unpaid principal balance plus interest either through assessments or
connection charges.
O. Assessment Deferral for Hardships: The City Council may consider deferment for the
payment of special assessments on any homestead property if meeting City Council
adopted test parameters as may be permitted under State law.
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SECTION VI.
METHODS OF ASSESSMENT
A. GENERAL POLICY STATEMENT
The City of Oak Park Heights has adopted the following methods for assessment of
public improvements: fixed cost unit and front footage. For any particular project one of
these methods will more adequately reflect the true benefits received in the assessment
area than the other methods. The City Engineer, in his Feasibility Study to the Council,
will recommend one or a combination of these methods (or as may be permitted under
Minnesota law) for each project, based upon past practices and the method that would
best reflect the benefit received for the area to be assessed. The City Council may select
the preferred method of calculating the assessments at the time the project is ordered.
The general rule is to assess platted residential lots using the "unit" assessment basis;
however, where platted residential lots do not reflect a general similar size and shape,
consideration will be given to a front footage basis. Commercial, institutional, and
industrial lots will be assessed on a front footage basis; however, consideration will be
given to a "unit" assessment if the special benefit to the property in the district is
essentially the same. The methods of assessment outlined within this policy are not
intended to be an exhaustive list of acceptable approaches. The Council may adopt
alternative approaches as they deem necessary to fairly and equitably allocate
assessments for unique situations.
B. ASSESSMENT METHODS
The following methods of assessment, as described and defined below, are hereby
established as the official methods of assessment in the City:
9. Fixed Cost "Unit"Method of Assessment
When it has been determined to assess by the "unit" method, all lots within the
benefited area shall be assessed equally for the improvements.
The "fixed cost per unit" shall be defined as a quotient of the "assessable cost"
divided by the total assessable lots or parcels benefiting from the improvement.
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For the purpose of determining the "units" or "parcels", all parcels, including
governmental agencies (except the City), shall be included in such calculations.
When large lots can be subdivided into more than one lot, the number of
assessable lots attributed to that parcel will be determined from the number of
potential future lots that could be obtained using current subdivision regulations.
For multi-family, commercial, industrial and institutional properties, the number of
fixed units assigned to the property may be determined by an equivalent
"residential" factor representing the properties use compared to a single-family
residential home (e.g. SAC units, WAC units, or standard traffic generation units).
2. "Front Footage"Method of Assessment
When it has been determined to assess by the "Front Footage" method, the "cost
per adjusted front foot", or assessment rate, shall be defined as the quotient of
the "assessable cost" divided by the total assessable frontage benefiting from the
improvement. The assessment for each parcel is then obtained by multiplying the
assessment rate times the adjusted front footage for each property. For the
purpose of determining the "assessable frontage", all properties, including
governmental agencies shall have their frontages included in such calculation.
This method may be modified due to the actual physical dimensions of a parcel
abutting an improvement as odd shaped lots are adjusted to an average footage
that would be the equivalent to the frontage of a rectangular shaped lot of the
same area and depth. The purpose of this method is to reasonably equalize
assessment calculations for lots of similar size, use and type(s). As an
alternative, a minimum assessment may be applied.
C. APPLICATION OF CITY STREET RECONSTRUCTION FUND.
When deemed reasonable by the City Council: For taxable and City of Oak Park
Heights' parcels only: Assessments may be reduced (subsidized) in an amount
to be determined by the City Council utilizing funds available in the City Street
Reconstruction Fund. Only Non-Tax-Exempt Properties (defined as properties
that have regularly been and are subject to the established City property tax)
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shall directly benefit from the Street Reconstruction Fund as they have
contributed tax dollars to create such Fund. Tax-exempt parcels within the City
limits shall pay the costs of the project per frontage foot at the actual calculated
costs without City Street Reconstruction Fund subsidy.
I'
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SECTION VII
POLICIES OF REASSESSMENT
The City in constructing or reconstructing any public improvement, shall design such
improvement to last for a defined period. The life expectancy or service life should be as stated
in the policy statement of this section, or if different, shall be as stated in the Resolution ordering
the improvement and preparation of plans. When such project needs renewing or replacement
prematurely (being more than 20% of its planned service life remaining), the amount to be
assessed against the property owner shall be limited to an amount determined by dividing the
actual life of the original improvement by the expected service life of the original improvement.
D. POLICY STATEMENT
The following are hereby established as the estimated 'life expectancies" or "service
lives"of public improvements:
1. Sidewalks and Trails- 15 years
2. Street Improvements, and curb and gutter- 20 years
3. Street Lighting-20 years
4. Water Mains and Appurtenances -40 years
5. Sanitary Sewers and Appurtenances-40 years
6. Storm Sewers and Appurtenances-40 years
7. Mechanical and Electrical Systems, Pumps and Controls- 15 years
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VIII. DETERMINATION OF ASSESSABLE COSTS
E. STREET IMPROVEMENTS
Single family residential properties will be assessed if the property has access to the
improvement. High Density Residential, Commercial, and Industrial Properties will be
assessed if the property abuts the improvement. Large lots and undeveloped properties
may be assessed additional units in accordance with Section VI. B.
Corner Lots: A corner property having direct access to two public streets shall be
assessed 50% of the per unit basis when each public street is improved.
9. Local Street Improvements
Local street improvements and paving shall be assessed based on the minimum
City design standard detail and pavement section and will normally be assessed
by the unit method or frontage foot method; however, other methods may be
considered. Oversizing costs which are incurred in excess of the above may be
paid by: (1) State Aid Funds, (2) larger assessment rates to properties, (3)any
other method or combination of methods authorized by the City Council
2. Street Reconstruction Improvements
All street reconstructions in residential area shall be % assessed to the
benefitting properties and will normally be assessed by the frontage foot method.
Street reconstruction improvements in Commercial, Business District,
Institutional and Industrial areas shall be assessed % of the total project
costs or determined on a project-by-project basis. In the event there is ambiguity
and or a combination between a definition of residential street and commercial /
industrial street the City shall apply the % assessment to HOMESTEADED
properties and % to all NON-HOMESTEADED properties.
3. Street Maintenance Overlays and Seal Coating
Bituminous overlay projects, bituminous seal coats, patching, crack sealing, fog
sealing, and filling potholes are typically not assessed when completed as part
of the street system's "life cycle" maintenance activities.
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4. Street Reclaiming and Mill& Overlay Projects.
All street reclaiming or mill & overlay projects in residential area shall be %
assessed to the benefitting properties and will normally be assessed by the
frontage foot method. Street reconstruction improvements in Commercial,
Business District, Institutional and Industrial areas shall be assessed % of
the total project costs or determined on a project-by-project basis. In the event
there is ambiguity and or a combination between a definition of residential street
and commercial / industrial street the City shall apply the % assessment to
HOMESTEADED properties and % to all NON-HOMESTEADED
properties.
F. SIDEWALKS, TRAILS, AND BIKEWAYS
The City may install sidewalks, trails or bikeway improvements in accordance with the
City Comprehensive Plan for the community, or for City Council directed purposes. At
City Council discretion, sidewalk, trail and bikeway improvements may be fully or
partially funded as part of a street reconstruction assessment, through park dedication
fees, using Municipal State Aid funding, Capital Infrastructure funding, or general tax
levy funds.
G. LANDSCAPING /STREET BOULEVARD TREES
Landscaping and street boulevard tree improvements may be assessed as determined
by the Council for each specific project.
H. STREET LIGHT IMPROVEMENTS
Street Light improvements may be assessed as determined by the Council for each
specific project.
I. TRANSPORTATION IMPROVEMENTS
All costs associated with traffic and transportation related improvements, such as
widening of a roadway for turn lanes, additional driving lanes, on-street parking, traffic
calming, and traffic signalization may be assessed 100% to the benefiting properties.
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J. STORM SEWER AND DRAINAGE FACILITY IMPROVEMENTS
Storm sewer and drainage facility improvements may be considered and incorporated as
part of street improvement projects and assessed as part of the project. Storm sewer
and drainage facility improvements completed as independent projects will normally be
assessed by the area method taking into account each parcels land use and rate of
runoff as determined by the City Engineer and may be further subsidized by the City's
Storm Water Fund.
1. New Storm Sewer and Drainage Facility Improvements
New storm sewer and drainage facility improvements installed in conjunction with
new street construction where no storm sewer previously existed will be 100%
the direct and immediate responsibility of the proposing entity pursuing the
development and may not be assessed by the City.
If the facilities are oversized to accommodate drainage from areas outside the
street improvement assessment area, the additional costs may be assessed to
the properties in the contributing area. Their assessment will be determined by
the area method based on the contributing area of the parcel(s) taking into
account the land use and rate of runoff.
2. Replacement and Major Maintenance of Storm Sewer Improvements
Any replacement costs or reconstruction of existing storm sewers and drainage
facilities in conjunction with street reconstruction projects may be included in the
street assessment to benefiting properties. If the facilities are oversized to
accommodate drainage from areas outside the street improvement assessment
area, the additional costs may be assessed to the properties in the contributing
area. Their assessment will be determined by the area method based on the
contributing area of the parcel(s) taking into account the land use and rate of
runoff.
K. SANITARY SEWER AND WATER IMPROVEMENTS
The City may consider assessments for sanitary sewer or water system repairs
and replacements, these will be defined prior to any project moving forward
where such utilities are planned to be impacted or proposed. Oversizing costs
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due to larger mains and larger appurtenances and/or extra depths required to
service future or other development if consistent with the City's current
Comprehensive Plan, will be funded by the requesting party. Construction of new
sanitary sewer and water and facility improvements where not previously in
existence will be 100% the direct and immediate responsibility of the proposing
entity pursuing the development and may not be assessed by the City for
financing of the Developer/Development.
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