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02-19-2019 Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, FEBRUARY 19, 2019 CITY COUNCIL MEETING AGENDA 6:00 PM AT CITY HALL 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Recycling Award(pg. 3) 6:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:05 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—January 22, 2019 (pg. 5) C. Approve Resolution Authorizing White Tails Unlimited Metro Area to Conduct a One-Day Raffle on March 23, 2019 at Heights Hall & Club (pg. 9) D. Approve Resolution Accepting Contribution from Mr. Tim Nolde for City Entrance Sign (pg. 13) E. Approve Resolution Accepting Contribution from Bob and Rosemary Knutson for the City Police Department(pg. 15) 6:05 p.m. V. Public Hearings None 6:05 p.m. VI. Old Business None 6:05 p.m. VII. New Business A. No-Fault Insurance Coverage (pg. 19) B. Support Legislation Relating to the Small Cities Assistance Program (pg. 27) C. 1540557 th Street—Thiets —Conditional Use Permit— Single Family Residential Dwelling—Rear Yard Setback (pg. 35) 6:20 p.m. VIII. Other Council Items or Announcements Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 64 Agenda February 19,2019 Page 2 6:20 p.m. IX. Adjournment Page 2 of 64 Oak Park Heights Request for Council Action Meeting Date February 19, 2019 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski l Requester's Signature `{ Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 64 City of Oak Park Heights 14166 Oak Park Blvd.N.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 February 14, 2019 Kent & Mariah Reyers 5904 O'Dell Avenue North Oak Park Heights, MN 55082 Dear Mr. & Mrs. Reyers: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, February 14, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. jratul'ation�! \1l Jennifer Pinsk! \\ City Clerk TREE CITY U.S.A. Page 4 of 64 Oak Park Heights Request for Council Action Meeting Date February 19, 2019 Agenda Item ilpproV e Cit\ (IOLUICil Minutes—January 22, 2019 Time Req. 0 Agenda Placement Consent Originating Department/Requester A inistr n/Jennifer Pinski 4 Requester's Signature Action Requested Approve BacLL,rowuil.iustification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 5 of 64 CITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 22, 2019 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, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Vieriing, City Planner Richards, and City Engineer Mann. Absent: None. Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Agenda. Carried 4-0. II. Council/Staff Reports: A. Mm or McCombcr: She reported she attended the Minnesota Mayor's Association Board of Directors meeting, the League of Minnesota City Board of Directors meeting, and the Minnesota Association of Small Cities Board of Directors meeting the previous week. She also reported she attended a conference call with the Coalition of Utility Cities on January 18, she had an NLC Transportation Committee meeting on January 23, she would be attending the upcoming Mankato Newly Elected Officials Conference on January 25, the Plymouth Experienced Elected Officials Conference on February 1, the Minnesota Women in City Government Board of Directors meeting on February 8, and the Xcel Energy Integrated Resource Plan meetings on February 11 and February 12. B. Councilmember Dougherty: He reported he also participated in the Coalition of Utility Cities conference call. C. Councilmember Johnson: She reported she attended the most recent Planning Commission meeting, and the Parks Commission's next meeting was set for January 28. She said she participated in the NLC Energy, Environment, and Natural Resources Committee conference call and will be attending the Newly Elected Officials Conference. D. Councilmember Liljegren: He reported he attended the last Planning Commission meeting, and the next meeting was set for February 14. E. Councilmember Runk: He reported he attended the Brown's Creek Watershed District and Middle St. Croix Watershed Management Organization meetings. He also reported he attended the Washington County open house on Highway 36/Manning the previous week. F. Staff: City Clerk Pinski reported that Lawrence Schneider at 14391 57tn Street North was chosen as the recycling award winner. Page 6 of 64 City Council Meeting Minutes January 22, 2019 Page 2 of 3) III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—January 8, 2018 C. Award 2019 Prairie Restoration Project to Minnesota Native Landscapes, Inc. D. Approve Summer Park Programming for 2019 — Position & Events E. Approve Resolution Vacating Drainage and Utility Easement Located in the Ridgecrest Oak Park Heights Plat Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Can-led 5-0. V. Public Hearings: None VI. Old Business: None VII. New Business: A. Cites Update—2018 Comprehca5ive Plan Elements: City Engineer Mann provided an update on the %a'ater plan, the sanitary sewer plan, and the stormwater plan. Councilmember Liljegren, seconded by Councilmember Dougherty, moved to approve the plans. Carried 5-0. B. 2018 Comprehensive Plan— Submission to Metropolitan Council: City Planner Richards reported that the Comprehensive Plan was sent to the Metropolitan Council and comments were received back. He said staff subsequently made some changes to the plan and maps, and the Planning Commission reviewed the changes and recommended they be submitted. He said the next step was to send the updated plan back to the Metropolitan Council. Jim Kremer, 5475 Oakgreen Place North, was present at the meeting and said he thought the City Council should ask the Metropolitan Council to spend more time working with the City on future planning rather than telling the City what changes to make. Councilmember Johnson, seconded by Councilmember Runk, moved to approve the Resolution to submit the plans. Roll call vote taken. Carried 5-0. Page 7 of 64 City Council Meeting Minutes January 22, 2019 Page 3 of 3 C. 58`x' Street Improvements Approve Plans and Specifications: Councilmember Liljegren, seconded by Councilmember Johnson, moved to approve the proposal for engineering services. Carried 5-0. Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the plans and specifications and authorize bids. Carried 5-0. D. Coalition of Utility Cities—Possible Position of Support: Shane Zahrt from Flaherty & Hood, on behalf of the Coalition of Utility Cities, reported that the draft Resolution in the City Council packet came out of discussions on HF1985. He reviewed the memo in the City Council packet on the proposal and transition aid. Councilmember Runk asked if a bill had been drawn up yet and if there were sponsors. Zahrt responded that the bill had not been drawn up, but there were continued conversations with stakeholders, and they were in the process of educating new representatives of host communities on the complex issues. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Liljegren, seconded by Councilmember Runk, moved to adjourn at 6:39 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 64 Oak Park Heights Request for Council Action Meeting Date February 19, 2019 Agenda Item_Appr-ov c Rcsoltttion AW]ioriiiiig White [ails Unlimited Metro Area to Conduct a One-Day Raffle oti \,larch 23, 2019 at Heights Hall & Club Time Req. 0 Agenda Placement Consent Originating Department/Requistor Ad >s *on/Jennifer Pinski r 1 Requester's Signatur - Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 9 of 64 RESOLUTION 19-02-10 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF WHITETAILS UNLIMITED METRO AREA TO CONDUCT A ONE-DAY RIFFLE AT HIEGHTS HALL & CLUB ON MARCH 23, 2019 WHEREAS, Lindell Blanchette, on behalf of White Tails Unlimited Metro Area has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one-day raffle on March 23, 2019. at the site of Heights Hall & Club, 5880 Omaha Avenue North; and WHEREAS, the City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by White Tails Unlimited Metro Area with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of White Tails Unlimited Metro Area with the State of Minnesota Gambling Control Board to conduct a one-day raffle on March 23, 2019 at the site of Heights Hall & Club, 5880 Omaha Avenue North, within the City of Oak Park Heights and the same are hereby approved with no waiting period. Passed by the City Council of Oak Park Heights this 12:t" day of February, 2019. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 10 of 64 01x26/2019 06: .93 6527744590 1,47 LJ METRO AREA Pa��E Wy MINNESOTA LAWFUL GAMBLING .�.� LG220 Application for Exempt Permit l rt 2 FAI,exempt permit may be issued to a nonprofit Application Fee (non-re€undable) anization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the evens;, the awards less than $51),000 in prizes during a calendar application fee Is $100; otherwise the fee Is $150. year, the e Due high volume of exempt applications, If total raffle prize value for the calendar year will be payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION OrganizabonPrevlous Gambling Name: ermit Number: Minnesota Tax ID Federal Employer ID Number, if any: Number (FEIN), If any: --11-1Q 61dC-e Mailing Address: I js lane- City: 1 State: _m 1J Zip: County: Name of Chief Executive Officer (CEO): L % 1 a CEO Daytime Phone: �a�L CEO Email: (permit will be emailed to V is crrmaii address unless otherwist indicated 'below) Email permit to (if other than the CEO): - NONP'ROFIT STATUS Type of Nonprofit Organization (check one): Other Nonprofit Organcxatlon Fraternal Religious Veterans Attach a copy of 9115 of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonproflt status.) A current calendar year Certificate of Good Standing Don't have a mpy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 `Ww `o` Atate.mn.us St. Paul, MN 55103 551-296-2803, or toll free 1-877-551-6767 ❑ IRS Income tax exemption (501(c)) letter in your organlzatlon's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS - Affillate of national,statewide, or International parent nonprofit organizatlon (charter) If your organization falls under a parent organization, attach copies of D-Q;h of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organlzatlon with a group ruling; and 1 2, the charter or letter from your parent organization recognizing your organization as a subordinate- GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted {der^`lam y (1 (for raffles, list the site where the drawing will take place): Physical Address (do not use P.O. box): PO DU Q An I�—Li p Check one.- 4 City: Zip: a_8a County: �c�� �LON Townshlp; ZIP; County: V Date(s) of activity (for raffles, J �'] 1 C' indicate the date of the drawing): L 't('1 ! I f Check each type of gambling activity that your organization will conduct: OBingo O Paddlewheels =Pull-Tabs =Tipboards Raffle (total Yalue of raffle prizes awarded for the calendar year,in this rw?ise: 3_ Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Controi Board, EXCEPTION: Bingo hard cards and bingo ball selectior devices may be borrowed from another organization authorized to conduct bingo. To Mind a licensed distributor,f bPl 1 of 64 wvww.,,rn.yev/pcb and click on OfstrlbutorS under the List of Llu-n—,OS tat:,or call 651-539-1900. C!/1e!20"_2 35: 33 5517744590 WTU METRA LG220 Application for Exempt Permit gage z c`z LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Mlnnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling preml"b; located wlthln city limits located in a township HThe application Is acknowledged with no waiting period. e application Is acknowledged with no waiting period. The application is acknowledged with a 30-day wafting e application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Bcard to issue a permit after (60 days for a 1st class city). 30 days. ❑The application is denied. El�e application ;s denied. Print City Name: Print County Name: I Signature of City Personnel: Signature of County Personnel: e kfk Titie Date: Title: Date: I TOWNSHIP (If requlred by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or count must sin before limits. (A township has no statutory authority to approve or Y 9 deny an appllcatlon, per Minn. Statutes, section 349.213.) submitting application to the Print Township Name: Gambling Control Board. Signature of'rownshlp Officer: Title: Date: II CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) i i The information provided In this application Is Complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: (Signature must be CFO's Signature; doskgnee may no[Sign; I Print Name: REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mall npplication with: • ail gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. appllcatlon fee (non-refundable). If the application Ps Only one application Is required if one or more raffle drawings are postmarked or received 30 days or more before Che evert, iconducted on the same day. the application fee is $100; otherwise the fee is $ISO. Make check payable to Stvto of Minnesota. Financial report to be Completed wfthin 30 days after the gambling nctiv[ty is done: To, Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 171.1 west County Road B, Suite.300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Quefftions7 Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board ar 3-1/2 years (Minn, Statutes, section 349.166,subd. 2(f)). 651-539-1900. lication, Your or anizaticn's name and ment of Public Safety; A10"Cy Genera:, Data prlnotice: The Information requested app 9 on this form (and any attachments)will be U&ed address will be public information when received Ccnagerrent S of Budget, an ration, Minnesota by the Ga bllnp Control Board (Board) to by the Board. All other informatlon provided will Msnz3pement& budget,and kev._nue; ey7islaUve til tnc Auditor, national and international determine yoJr oraanl7,Btlon's qu$llllcations to be private data about Your orgbn170C'Cn un ,nt to ce t ing the when the board issues regulatory agencies; anyone aursuAn be ,nveived in 13wfu4 gambling activgles In to Board ssucse pe Min^e5ota. Your organlZaticn has the right to the permlt,all Information providBd win become order; Other[ndiv!duals and a;cr[fos SCetlrlraily CeSS rftuce to suoory the infcrmTtlOn: however, If C format OnIf bprovidede Board tl emoesa n5 ot issue vale pwitnlCneil ao[nerinrorn atlor, ndy state or f�du'ern anctaacn1Eo h;Wtescr0' you;organization oardrefuses to supply able I^,fOrmatl0n, Che board may not be 8bie to exception Of your organit8ti0n'S name and which Saw or legal order ButnDrizes a new use or oeterrnine your org3n1zation:'5 qualiflcaticr5 and, address whlzh will remain public. Private data Sharing of irformnion ager 0 5 -:vc w,5 as a consrqutrce, may refuse to Issue a permit. about your organization are available to B"ar given; and anyene with yC:1r writer cvrscr:- If your orptnitation ssCpiies the Information members,Board staff whose work re4uires reaues(ec,the Board will be ablC to procees the access to the information; Minnesota's Depart- This form will be made available 11) 81cernative format 0.e. large prim, broil+e) uper request. pane 12 of 64 AR m7VA1�PPart r'tY CMOCY« Oak Park Heights Request for Council Action Meeting Date February 19, 2419 Time Required: 1 Minutes Agenda Item Title: Approve Resolution Accepting Contribution from Mr. Tiny Nolde for City Entrance Signage. Agenda Placement Consent A en Originating Department/Reque or: E o son Qijy Administrator Requester's Signature Action Requested: Approve Res4t/ion/A/cceming Contribution from Mr. Tim Nolde for Ci Entrance Si a e Background/Justification (Plea indicate if any previous action has been taken or if other public bodies have advised): Please see the attached Resolution. Page 13 of 64 RESOLUTION A RESOLUTION AUTHORIZING THE RECEIPT OF A FINANCIAL CONTRIBUTION FROM MR. TIM NOLDE FOR CITY ENTRANCE SIGANGE. Whereas,Mr. Tim Nolde has provided to the City a contribution of$5,000 for costs associated with the installation of a City Entrance Sign, and; Whereas, the City of Oak Park Heights is grateful for the contribution of Mr. Nolde who has demonstrated his concern for the community and the continued beautification of the City. NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the City shall accept the generous contribution of$5,000 and that the City Council hereby directs that such funds shall be designated to costs associated with City Entrance Signage. Passed by the City Council for the City of Oak Park Heights this 12te day of February,2019. Mary McComber, Mayor Attest: Eric Johnson, City Administrator Page 14 of 64 Oak Park Heights Request for Council Action Meeting Date February19, 2019 Time Required: 1 Minutes Agenda Item Title: Approve Resolution Accepting Contribution from Bob and Rosemarti, Knutson for the City Police Department Agenda Placement Consent Agenda Originating Department/Requ or: �oson, City Administrator Requester's Signature Action Requested: Approve Resolution Accepting, Contribution :from Bob and Rosemary Knutson for the City Police Department Background/Justification(ease indicate if any previous action has been taken or if other public bodies have advised): Please see the attached Resolution and related documents. Page 15 of 64 RESOLUTION A RESOLUTION AUTHORIZING THE RECEIPT OF A FINANCIAL CONTRIBUTION FROM BOB AND ROSEMARY KNUTSON TO THE CITY POLICE DEPARTMENT. Whereas, on Jan 31St, 2019, Bob and Rosemary Knutson of 142$4 57th Street, in appreciation for the service and performance of the City Police Department, has provided to the City a contribution of$100.00 designated to the Police Department. Whereas, the City of Oak Park Heights is grateful for the contribution and Thank You letter has been issued. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the City shall accept the generous contribution of$100 and that the City Council hereby directs that such funds shall be designated to costs associated with the Police Department as directed by the Chief of Police. Passed by the City Council for the City of Oak Park Heights this 1211 clay of February,2019. Mary McComber, Mayor Attest: Eric Johnson, City Administrator Page 16 of 64 January 31, 2019 City of Oak Park Heights Attn: Eric Johnson 14168 Oak Park BLVD N Oak Park Heights, MN 55082 To Whom It May Concern: We would like to make this small donation specifically for the Police Department because they do a wonderful job for the people of Oak Park Heights. Thank you for making us feel safe. Bob & Rosemary Knutson Page 17 of 64 CITY OF OAK PARK. HEIGHTS POILICE DEPARTMENT 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 651-439-4723 February 5, 2019 Rosemary& Bob Knutson 14284 57`"St No. Oak Park Heights, MN 55082 Mr. & Mrs. Knutson; I would like to express my genuine appreciation for the kind comments in your letter to City Administrator Johnson about the Police Dept. I am glad we have had an impact on your quality of life here in Oak Park Heights. Your generous donation to the department will be used with great respect forthe intent in which it was given. We use donations such as this to promote safety and educational materials for the citizen of Oak Park Heights. Dedicate in Service Brian DeRosier Chief of Police Page 18 of 64 Oak Park Heights Request for Council Action Meeting Date Febru 19 2019 Time Required: 5 Minutes Agenda.Item Title: No-Fault Insurance Coverage Agenda Placement New Business Originating Department/Requestor' Frison City Administrator ` j Requester's Signature Action Requested Discussion Passible c 16ii Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In late 2015 the City Council discussed the possibility of the City acquiring a NO FAULT INSURANCE COVERAGES for water and sewer back-ups from the League of Minnesota Cities Insurance Trust. This type of insurance would provide a financial benefit to property owners impacted by a sanitary andror water damages resulting from issues stemming from the City main systems—such as water main break or sanitary sewer back-up, regardless of whether the City is negligent or otherwise legally liable for damages. There are approximately 80 cities Minnesota that offer such coverage. Staff has continued to pursue this possibility since the City's application was denied in 2015 due to a lack of alarms and other control systems at Sanitary Sewer Lift Station(s). Since that time, alarms have been installed at the 9`' Addition Lift Station and the entire SCADA control systenrs have been upgraded. Since those upgrades,Andy Kegley, Director of Public Works has worked with the LMCIT Insurance Trust to document all repairs, management and maintenance protocols and at this time they are approving the City for access to such coverages. The cost of such coverages can vary between amounts of coverages from $10,000, or$25,000 or$40,000; or$1.79, $2.11 or$2.63 per connection respectively. Based on a $25,000 coverage limit, the City's estimated annual fee would be$2,743 for such coverage(1,300 X$2.11)or$27,430 over ten years. It is likely that such a cost would be equivalent to two (2)home back-ups. Such cost would be split between the sanitary and water utility. Also See the enclosed information about NO FAULT coverage from the LMCIT. Based on past discussions,Staff would recommend moving forward with the policy as it can prevent dilemmas about what may or may not be covered if a back-up occurs and the City is NOT at fault and NO payment can be made from the LMCIT. If the Council would like to move forward with this type of coverage,Approval of the enclosed resolution seeking coveraye_is a necessary step_ Page 19 of 64 RESOLUTION RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS WHEREAS, the City of Oak Park Heights, the "City", provides water and sanitary sewer services to property within its jurisdiction; and WHEREAS, water main breaks may cause water to enter into property causing damage, and WHEREAS, blockages or other conditions in the City's sanitary sewer lines may cause the back-up of sewage into properties that are connected to those City's sanitary lines; and WHEREAS, water main breaks and sewer back-ups pose a public health and safety concern; and WHEREAS, it is often difficult to determine the exact cause and responsibility for water main breaks and sanitary sewer back-ups, and WHEREAS, the governing body of the City desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups; and WHERAS, the governing body of the City desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, LMCIT has offered the City limited "no fault" sewer coverage and water main break coverage that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the City is at fault. NOW THEREFORE, BE IT RESOLVED, as follows: The City, as part of the contract for providing water and sewer services to the customers of the City, and in consideration of the payment of water and sewer bills, agrees to reimburse water and sanitary sewer customers for up to $25,000.of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the City is negligent or otherwise legally liable for damages, subject to the following conditions: L Sanitary Sewer Back-Ups. For Sanitary sewer back-ups: A. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. Page 20 of 64 B. The back-up must not have been caused by catastrophic weather or other events for which Federal Emergency Management Assistance is available. C. The back-up must not have been caused by an interruption in electric power to the City's sewer system or to any City lift station, which continues for more than 72 hours. D. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. E. Neither the City nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City or LMCIT will reimburse is $25,000. per building, per year. In this regard, a structure or group of structures served by a single connection to the City's sewer system is considered a single building. U. Water Main Breaks. For water main breaks: A. LMCIT will pay for claims presented by the City for water main break damage to property of others which was not caused by the City's negligence. B. Neither the City nor LMCIT will pay for damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners' or other property insurance. C. The maximum amount that the City or LMCIT will reimburse is $25,000. to any claimant, regardless of the number of occurrences or the number of properties affected. D. Neither the City nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or$25,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. I Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants' preliminary reimbursement figures. IN WITNESS WHEREOF, the City, by action of its governing body, caused this Resolution to be approved on , 20_ Mayor Mary McComber Attest: Eric Johnson, City Administrator Page 21 of 64 RELEVANT LINKS: 1. Cove a limits and deductibles A mandatory ded tible of$2,500 per occurrence ap les to all liability claims for sanitary wer backups unless the city p icipates in LWIT's sanitary sewer incenti program. Cities already sing a higher deductible on their liability coverage not affected by this ose cities using an aggregate deductible app ach for coverage a impacted in the event the aggregate Iimit is reached d the maint ce deductible is less than $2,500. See Section III.R2,No- Members that purchase the L CIT no- cult sewer backup coverage are fault sewer backup coverage. automatically considered to m the iteria to avoid the mandatory minimum deductible. Download the sanitary To qualify for the incentive, Citi ust complete a sanitary sewer system sevver system questionnaire, located on the last page of questionnaire and return it to CI If the information provided confirms LMC:information memo, that a city meets the criteria, ' will no subject to the higher mandatory saniwrj s",er lrxWaive Program:Quarfcatiarzs deductible. A city may ce ' they mee a criteria either at the time of and MatntaMing lmmunit}: renewal or midterm. If q ification occu midterm, LMCIT will issue an endorsement removing a minimum deduc 'ble. Cheryl amrnann,toss For assistance in de fining compliance or veloping the required sewer Control Field Services Manager inspection and ma' tenance programs, contact t city's loss control field 6' 651-2I5�0'74 u`4consultant or the oss control field services manager and use LMCIT's 079 sanitary sewer oolkit containing model forms and suggested policies to meet LMC inforawaien memo, the Criteria. 5anitary Sewer Toolkit:A Guide for A&wuenance Policies and Procedures 2® No-fault sewer backup coverage As an option,no-fault sewer backup coverage is available for members that meet certain underwriting criteria. The optional coverage comes with an additional charge and will reimburse a property owner for cleanup costs and damages resulting from a city sewer backup or from a city water main break, irrespective of whether the backup was caused by city negligence. The no-fault sewer backup coverage option is intended to: a Reduce health hazards by encouraging property owners to cleanup backups as quickly as possible. o Reduce the frequency and severity of sewer backup lawsuits(i.e., property owners may be less inclined to sue if they receive conciliatory treatment at p`� t�VlU 2 the time of the backup). 0 Give cities a way to address the sticky political problems that can arise when a property owner learns the city and LMCIT won't reimburse for sewer backup damages because the city wasn't negligent and therefore not legally liable. League of Minnesota elties Irdto ation Memo. 7AM15 LMCIT Laab lity Coverage guide Page 44 Pag(Pi,(@ 22,ZQ%4 RELEVANT LINKS: Many cities and their citizens may find this coverage option to be a helpful tool. However, it's also important to realize it's not a complete solution to sewer backup problems, and not every possible backup will be covered. One may wonder whether it is considered a gift of public funds to pay for damages the city isn't legally liable for: The legal basis for this coverage is that it helps reduce health hazards by encouraging prompt cleanups. That's clearly a public purpose and in the public interest. Also, the law and facts surrounding most sewer backup claims are rarely clear. There's virtually always a way that a claimant's attorney can make some type of argument for city liability. Having this coverage in place should help eliminate the need to spend public funds on litigation costs in many of these cases. a. Coverage terms The no-fault coverage will reimburse the property owner for sewer backup damages or water main breaks, regardless of whether the city was legally liable, if the following conditions are met: • The sewer backup resulted from a condition in the city's sewer system. • The sewer-backup was not the result of an obstruction or other condition in sewer pipes or lines which are not part of the city's sewer system or which are not owned or maintained by the city. • The water main break damage to property of others was not caused by city negligence. • The sewer backup or water main break was not caused by or related to an excluded incident. • The date of the occurrence giving rise to the claim for sewer backup or water main damages must be on or after the retroactive date shown on the city's endorsement. The no-fault coverage will not pay for any damages or expenses which are or LMC infamubw mew, would be covered under a National Flood Insurance Program (NFIP) flood Nahajmd Flood Insurance insurance policy, whether or not such insurance is in effect; or for any costs PI�gFL7fAL which the property owner has been reimbursed or is eligible to be reimlfursed by any homeowners' or other property insurance. Following are other incidents that are specifically excluded under the no-fault coverage: rage-to Page 161 of 200 Page 23 of 64 RELEVANT LINKS: a Any weather-related or other event which has been declared by the President of the United States to be a major disaster pursuant to the Stafford Act. a Any interruption in the electric power supply to the city's sewer system or to any city sewer lift station which continues for more than 72 hours. a Rainfall or precipitation which exceeds any of the following amounts: 2.0 inches in a 1 hour period; or 2.5 inches in a 3 hour period; or 3.0 inches in a 6 hour period; or 3.5 inches in a 12 hour period; or 4.0 inches in a 24 hour period; or 4.5 inches in a 72 hour period; or 5.5 inches in a 168 hour period. b. Coverage limits The basic limit for sewer backups is $10,000 per building per year, regardless of the number of occurrences or the number of claimants. The city also has options to purchase higher limits of$25,000 or $40,000 per building. For purposes of the limit, a structure or group of structures that is serried by a single connection to the city's sewer system is considered a single building. Only true no-fault claims are counted toward the limit. Claims for damages sw seetian m.R,Sewer caused by city negligence, for which the city would be legally liable in any b-kW. case and for which would be covered under the standard LMCIT liability coverage, are not charged against that limit. The basic limit for water main breaks is$10,000 to any claimant, with the option to purchase higher limits of$25,000 or$40,000 per building. LMCIT will not pay more than$250,000 for water main break damage resulting from any single occurrence. All water main breaks which occur during any period of 72 consecutive hours is deemed to result from a single occurrence_ CII Premium costs The no-fault sewer backup premium charge is based on a per sewer connection basis as follow. $10,000 limit $1.79 per connection manual rate $25,000 limit $2.11 per connection manual rate $40,000 limit $2,63 per coancetion manual rate League of Minnesota Cities Irdb mdon Mema: 71WO15 LMCIT Liability Coverage Guide Page 46 Pag@d§24 2044 RELEVANT LINKS: LMC infamm>acinn memo, The coverage also includes an experience-rating component.Members that E,zp*rienri R.tmg in L-LcrrsLrabihtyand have incurred no losses under this coverage within a three-year rating period Workers'c°"'pe"salia m receive a 10 percent credit. Members that have incurred losses within the Premiums rating period at a per-connection frequency that is higher than the LMCIT LMCIT Liability}gating program average receive a 10 percent debit. System d. Eligibility To be eligible for the no-fault sewer backup coverage, the city must meet these underwriting criteria: • The city must have a policy and practice of inspecting_ and cleaning its sewer lines on a reasonable schedule. • if there are any existing problems in the city's system which have caused backups in the past or are likely to cause backups,the city must have and be implementing a plan to address those problems. • The city must have a system and the ability to respond promptly to backups or other sewer problems at any time of the day or week. • The city must have in place an appropriate program to minimize storm water inflow and infiltration. • The city must have in place a system to maintain records of routine sewer cleaning and maintenance, and of any reported problems and responses. For mistence in developing The goal of these criteria is to focus on reasonableness rather than on creating sewer policies,practices, and wAwdulcsplease see specific standards. The intent isn't to set an arbitrary requirement that sewers the Saniij2py sewer rrmLkit. be inspected and cleaned every six months, every three years,or every five A Guide jar Maintenance Poflcies andFrooedur-es. years.What makes sense in one city with some older and sometimes sagging clay lines probably wouldn't make sense in a city with newer plastic lines, and vice versa. From LMCIT's standpoint, the real concern is that the city has considered its own situation and developed policies,practices, and schedules that make sense for its own situation. e. Applying for no-fault sewer backup coverage Cities interested in applying for the no-fault sewer backup coverage should first contact LMCIT. If the city qualifies for coverage, LMCIT will send the city a formal quote. If the city decides to purchase the coverage,the city council must then pass a formal resolution making the no-fault sewer backup protection part of the agreement between the city and the sewer customer. Once LMCIT receives a copy of the resolution, coverage can be bound. Immo LA i uannrty txAwage woe rage a t PagdPa''iTM4 �:..� LEAGUE of CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES LMCIT QUOTATION No-Fault Sewer Back-up and Water Main Break Coverage Endorsement Date: 2/5/2019 To: Brian Alm Landmark Insurance Services From: Nate Brue LMCIT Underwriting nbrue@lmc.org Re: City of Oak Park Heights Coverage: Refer to the link below to the LMCIT Sanitary Sewer Toolkit ^ ham://wxy k,I,me.org/media/document/l/sanitarysewertoolkit.pdrinline e t,X Awe Op- Limits Limits Available: $10,000/$25,0001 40 000 W�j)� 1,-j Q o""cG�1�onS r ^ Premium: $10,00041.79 per sewer connection manual ratej!L- w v c)�-v_ $25,000-$2.11 per sewer connection manual rate y,r p $40,000-$2.63 per sewer connection manual rate (Premium will be prorated to the expiration of the city's covenant.) �d Retroactive Date: The date that the city council passes the resolution. Remarks: Quotation is Valid for 90 Days 1.. To bind coverage, the city council must formally pass a resolution and send a signed copy to LMCIT. 2. A Model Resolution is attached. 3. Suggest that the city establish a procedure to advise citizens what steps to take in the event of sewer emergence. Examples-print information on water bills or publishes the information in the local paper on a quarterly basis. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX:(651)281-1298 INSURANCE TRUST ST.PAUL,MN 55103-2044 TOLL FREE:(800)925-1122 WEB:WWWLMC.ORG Page 26 of 64 Oak Park Heights Request for Council Action Meeting Date February 19th, 2018 Time Required: 5 Minutes Agenda Item Title: Support Legislation Relating to the Shall Cities Assistance Program Agenda Placement New Business Originating Department/Requetor: Mayer Mary McComber Requester's Signature Action Requested Discussion Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): MnDOT Releases 2018 Small Cities There has been some legislation introduced at Capitol Assistance Amounts (HY 781 & SY 1082 — attached) that seeks to provide The Legislature g appropriated$e million for the account,which funds transportation $10,000,000 to funds to the Small Cities Assistance projects for cities with populations under 5,000. Program for 2020 and 2021. (Published jul Z 20 18) The omnibus transportation bill passed in 2017(1 st Special Session.Chapter 3)provides$8 million per year for the Small Cities Assistance Account for the biennium beginning)uly 1, This Program does not have a dedicated funding source 2017.The Minnesota Department of Transportation(MnDOT)released oty aid amounts for and such amounts must be allocated by the Legislature. 2018 last week It is intended to provide funds to cities that do not • See the city-by-city distribution amounts for 2018 receive - MSA—Road Funds. • Read a Small Cities Assistance Program information sheet The Small Cities Assistance Account,a program created in 2015,6 aimed at providing street Based on the adopted formulas, through this Program funding for clties that do not receive municipal state aid(MSA)because they do not meet the 5,000 population eligibility threshold for dedicated funds(gas tax,tab fee,and motor our City has received funding in the past of$31,721.00 vehicle sales tax revenues)established in the state's constitution. in 2018 from a total Statewide allocation of$8,000,000. The program received one-time funding of$12.5 million in 2015.The 2017 transportation bill provides two years of funding from the general fund for the account,but it does not provide a dedicated revenue source for future years. I would like the Council to consider authorizing y, Funds are distributed through a formula to the 704 Minnesota cities with populations below letters of support for such bills, for the Mayor to 5,000.Payments will be made concurrently with local government aid payments from the sign,to be sent to the Chairs of the House and Senate Minnesota Depainneix of Revenue. Transportation Committees. Page 27 of 64 01/29119 REVISOR KRB/MO 19-2943 This Document can be made available in alternative formats Upon request State Of Minnesota HOUSE OF REPRESENTATIVES NINETY-FIRST SESSION H. F. No. 781 0210712019 Authored by 6Driscoll,Torketson and Petersburg 1� The bill was read for the fust time and referred to the Committee on Ways and Means l l A bill for an act t 2 relating to transportation;appropriating money for the small cities assistance 1.3 program. L4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5 Section 1. SMALL CITIES ASSISTANCE PROGRAM. 1.6 $10,000,000 in fiscal year 2020 and�10,000,000 in fiscal year 2021 are appropriated 1.7 from the general fund to the commissioner of transportation for the small cities assistance 1.8 program.under Minnesota Statutes,section 162.145. Section 1. 1 Page 28 of 64 01/29/19 REVISOR KRB/MO 19-2943 as introduced SENATE STATE OF MINNESOTA NINETY-FIRST SESSION S.F. NO. 1082 (SENATE AUTHORS:HOWE) DATE D-PG OFFICIAL STATUS 02/11/2019 329 Introduction and first reading Referred to Transportation Finance and Policy I 1 A bill for an act 1.2 relating to transportation;appropriating money for the small cities assistance 1.3 program. 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1 5 Section 1. SMALL CITIES ASSISTANCE PROGRAM, 1.6 $10,000,000 in fiscal year2020 and $10,000,000 in fiscal year 2021 area, ro riated 1.7 from the general fund to the commissioner of trans ortation for the small cities assistance is program under Minnesota Statutes,section 162.145. Page 29 of 64 State Aid for Local •f f DEPARTMENT OF • • f Blvd., /1 St. Paul, IVIN 551SS Small Cities Assistance Program Program Overview The Small Cities Assistance Program was created in 2015 to provide funding for construction and maintenance of roadways in cities with a population ¢' less than 5,000. Minnesota Statute 162.145 provides details on the program. The program is administered by MnDOT's State Aid for Local Transportation Division with the funding distributed by the Minnesota Mik Department of Revenue. 'u " Program Guidance and Criteria Guidance Eligible local agencies include cities that do not receive municipal state aid under Statutes 162.09 to 162.14. This primarily includes all cities that have a population of 5,000 or less. The Commissioner of Revenue distributes the funds to cities in the same manner as local government aid under chapter 477A. Generally, cities will receive 50% of the payment in July and 50%of the payment in December. Criteria The preliminary aid to each city is calculated as follows: • 5% equally allocated to all cities • 35% allocated based on each city's share of lane miles of municipal streets compared to the total municipal lane miles of all eligible cities 0 35% allocated based on each city's share of population compared to the total population of all eligible cities • 25% allocated based on each city's share of the state aid adjustment factor compared to the sum of the state aid adjustment factor for all eligible cities o The state aid adjustment factor is the greater of zero or: E 0.005 minus The number of lane miles of county state aid highway in a city compared to the total lane miles of county state aid highways in eligible cities Page 30 of 64 r The final aid to each city is the lesser of: • The preliminary aid or • The maximum aid, which equals 3.5 multiplied by the unweighted average amount of assistance to a city in a year. Use of Funds The funding is for the construction and maintenance of roads located within the city and can include land acquisition, environmental analysis, design, engineering, construction, reconstruction and maintenance. Timeline for Use of Funds There is no specified timeline by when the cities need to use these funds. However, it is recommended that they be used within two years of receiving the initial payment. Accounting of Funds The cities are not required to submit a report on how the funds were expended. Each city is required to follow appropriate accounting practices to clearly show that the funds they received have been used on the eligible items listed above and in the statute. One recommendation is to establish a separate account for these funds and then reduce that account as eligible expenditures are incurred. Funding Summary Calendar Year 2015 2017 2018 Amount Appropriated $12.5 M $B.OM $B.OM Number of Eligible Cities 704 705 TBD For More Information Contact Kristine Elwood, MnDOT Deputy State Aid Engineer, at kristine.elwood@state.mn.us or 651- 366-3804. Revised: 06/2018 Page 31 of 64 Small Cities Assistance M.S. 162,145 6/5/2018 Total Amount Appropriated $8,000,000 Formula Items %Distribution Amount Equal aid 5% $400,000 Population 35% $2,800,000 City Street Lane Miles 35% $2,800,000 CSAR Lane Miles 25% $2,000,000 Tota 1 100% $8,000,000 CITY NAME FINALAID Ada city 16,724 Adams city 9,279 Adrian city 13,195 Afton city 39,716 Aitkin city 19,123 Akeley city 7,455 Albany city 22,043 Alberta city 5,292 Alden city 8,608 Aldrich city 4,979 Alpha city 5,530 Altura city 6,956 Alvarado city 6,980 Amboy city 7,604 Annandale city 26,201 Appleton city 17,199 Arco city 5,068 Argyle city 10,894 Arlington city 18,970 Ashby city 6,551 Askov city 6,412 Atwater city 12,688 Audubon city 8,064 Aurora city 15,589 Avoca city 5,845 Avon city 13,541 Babbitt city 17,729 Backus city 7,656 Badger city 7,286 Bagley city 13,352 Balaton city 10,124 Page 32 of 64 Mountain Iron city 34,951 Mountain Lake city 18,954 Murdock city 6,570 Myrtle city 4,568 Nashua city 6,288 Nashwauk city 15,151 Nassau city 5,114 Nelson city 5,718 Nerstrand city 6,660 Nevis city 8,334 New Auburn city 8,218 New Germany city 6,531 New London city 12,592 New Munich city 6,519 New Richland city 11,691 New Trier city 5,200 New York Mills city 12,750 Newfolden city 6,305 Newport city 27,630 Nicollet city 11,663 Nielsville city 4,784 Nimrod city 4,557 Nisswa city 33,595 Norcross city 5,521 North Oaks city 23,483 Northome city 5,422 Northrop city 5,654 Norwood Young America city 27,372 e Nowthen city 39,716 Oak Park Heights city 31,721 Odessa city 5,134 Odin city 5,023 Ogema city 5,417 Ogilvie city 6,522 Okabena city 5,817 Oklee city 8,037 Olivia city 25,812 Onamia city 11,061 Ormsby city 5,148 Oronoco city 19,909 Orr city 6,780 Ortonville city 18,646 Osakis city 14,534 Oslo city 7,584 Osseo city 20,823 Ostrander city 5,937 Ottertail city 13,589 Page 33 of 64 THIS PAGE INTENTIONALLY LEFT BLANK Page 34 of 64 0 Oak Park Heights Request for Council Action Meeting Date Febru 19th 2018 Time Required: 5 Minutes Agenda Item Title: 15405 57`x' Street— Thiets—Conditional Use Permit— Single Famil Residential Dwellin -Rear Yard Setback Agenda Placement New BusinegV // -1-- - Originating Department/Re estor: c Jo on Cit Administrator Requester's Signature Action Requested Discus on Possible Action Background/Justification ( lease indicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated February 7th, 2014 - as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 35 of 64 TPC3601 Thurston Avenue N, Suite 100 &dm"� 2 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCOPlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: February 7, 2019 RE: Oak Park Heights Request for Conditional Use Permit for a New House -- Peller Avenue between 56t' and 57th Street North TPC FILE: 236.05 — 19.01 BACKGROUND Tom and Lisa Thiets have made an application for Conditional Use Permit (CUP) to allow a rear yard setback for a new house construction on Peller Avenue between 56th and 571t' Street North. This lot was created by a minor subdivision process in which two lots were created. The subject lot bordering on W1 Street is 30,000 square feet and the lot on 5r Street is 15,000 square feet. Neither of the lots are developed at this time. The property is zoned R-1 Single Family Residential District. Single family dwellings and their accessory structures are permitted uses in that District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative and Justification for CUP Exhibit 2: Site Plan (Al) Exhibit 3: First Floor Plan (A2) Exhibit 4: Second Floor Plan (A3) Exhibit 5: Foundation Plan (A4) Exhibit 6: North and East Elevations (A5) Exhibit 7: West and South Elevations (A5) Exhibit 8: Floor Plans(A8) Exhibit 9: Site Plan with Dimensions Exhibit 10: Site Survey Exhibit 11: Site Pictures (6 pages) Page 36 of 64 PROJECT DESCRIPTION The project description and justification for the CUP from Tom Thiets is as follows: My wife Lisa and are planning to build our new home this spring on the lot (see attachments) that we purchased In May of 2018 located on Peller Avenue between 56t,� Street North and 57«' Street North. We are excited to return to Oak Park Heights and this neighborhood. Our very first home was located at 5900 Penrose Avenue. We had completely remodeled this home prior to it being the first home that was removed for the bridge some 30 years ago. The lot that we purchased last May had 300 feet frontage along Peller Avenue and 150 feet deep along 56th and 5rh Streets. We subsequently subdivided the lot into two lots. (See attached survey and PID#info). We are selling the smaller north lot that has 100 feet along Peller Avenue and 150 feet along 5rh Street North_ We are building on the larger 200-foot x 150-foot lot. We selected these lot sizes in the minor subdivision plan to provide adequate useable yard space for both lots considering the unbuildable slope and swale on the south end of the property. In this, our new home will have a Peller Avenue address with our driveway entering off Peller Avenue. We have designed our home to have our focus to the south away from the north neighboring lot to provide more privacy for both families. Our assumption was that the City would recognize our lot line along Peller Avenue to be the front for determining our setback to the north to be 10 feet, but we found out that the City Ordinance demes the front as the shortest lot line length This determines the line along Peller Avenue to be the side lot line creating a rear setback from our north lot line of 30 feet. This larger 30-foot setback moves our home south depleting a larger portion of our side yard to the south that is to be the focus for our lawn and increasing the mostly unusable yard space to the north alongside our garage. Moving the house this additional distance also increases the length of our water and sewer lines to hook up to the stub on PellerAvenue. Our request is that we are granted a conditional use permit to reduce this 30-foot setback to a 10 foot or 15-foot setback to our north lot line. This will provide more useable yard space to the south before the hill and Swale. It will also provide some extra distance to the trees allowing for the entrance of natural light and solar energy gain into our main living space. (See the south elevation). ISSUES ANALYSIS Comprehensive Plan The property is designated as Low Density Residential in the Comprehensive Plan Proposed Land Use Map. The single-family house is consistent with the Comprehensive policies related to low density land use. 2 Page 37 of 64 Zoning The property is zoned R-1 Single Family Residential District. Single family dwellings and their accessory structures are permitted uses in that District. The setbacks in the R-1 District are a 30-foot front yard setback, 10-foot side yard, and 30-foot rear yard setback. The house as designed meets all the setbacks except the proposed setback to the north lot line which is 10 to 15 feet. As per the lot definitions in the Zoning Ordinance, the front lot line is 56"' Street and the rear lot Is the line abutting the lot to the north. Peller is not considered the front but would still require a 20-foot setback. The Applicant has proposed a 10 to 15-foot setback to the north_ Staff would recommend the setback be 15 feet in that the lot is so large and there is adequate buildable space on the lot. The house on the second lot would also likely front on Peller with the requirement of a 10-foot setback to the lot line thus leaving a separation of at least 25 feet between the two structures. The criteria for reviewing the CUP request is found as follows in this report. Conditional Use Permit Review and Criteria: The Applicant has provided justification for the reduced setback. The house has been designed to orient to the south with significant windows that would overlook the yard. Along the southwest corner of the lot there is a significant slope and trees. The Applicant has proposed that the slope and trees remain. Section 401.1 5.C.1.e.5) provides criteria for review of a reduction in a required lot in a yard. A review of the criteria is as follows: a) The reduction of setback requirements is based upon specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which Is contrary to the intent of this Ordinance. Comment: Due to the definitions of front yard in the Zoning Ordinance, the rear lot line is to the north, and not opposite the Peller Avenue frontage. This lot is unique because of its orientation to the two street frontages. It is expected that the two new houses will both front on Peller Avenue, making a 25-foot setback between the two houses a totally reasonable side yard separation. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. Comment: The proposed house will not conflict with the property line drainage or easements. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. 3 Page 38 of 64 Comment: The existing slope and trees will be preserved with the proposed orientation of the house on the lot. A condition will be placed on the approval requiring that the slope and tree cover not to be changed or removed. d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Comment: The proposed house will not impact sun access for the adjoining property. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 409.15.B.6 of this Ordinance. Comment: The setback of the house will not create safety issues. 0 The conditions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The conditions have been reviewed and City Staff does not see any conflict with the house in the proposed location on the lot_ Those conditions are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property- 8. roerty8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the CUP proposed for the site. bra inagelUtiI[ties The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 4 Page 39 of 64 CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permit, City staff would recommend the proposed rear yard setback with the following conditions: 1. The grade and tree cover at the south west comer of the subject property shall be preserved. 2. The setback of the proposed house to the north property line shall be at least 15 feet. 3. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. C: .tune Hultman 5 Page 40 of 64 Dear Council Members, My wife Lisa and I are planning to build our new home this spring on the lot(see attachments} that we purchased in May of 2018 located on Peller Ave between 56th St N. and 57' St.N.We are excited to return to Oak Park Heights and this neighborhood. Our very first home was located at 5900 Penrose Ave. We had completely remodeled this home prior to it being the first home that was removed for the new bridge some 30 years ago. The lot that we purchased last May had 300' frontage along Peller Ave and 150' deep along 56h &57h streets. We subsequently subdivided the lot into two lots. (See attached survey and PIN info)We are selling the smaller north lot that has 100'along Peller Ave x 150' along 57`�St N. We are building on the larger 200'x150' lot. We selected these lot sizes in the minor subdivision plan to provide adequate usable yard space for both lots considering the unbuUdable slope and swale on the south end of the property. In this,our new home will have a Peller Ave address with our driveway entering off Peller Ave. We have designed our home to have our focus to the south away from the north neighboring lot to provide more privacy for both families. Our assumption was that the city would recognize our lot line along Peller to be the front for determining our setback to the north to be 10 feet,but we found out that the city ordinance defines the front as the shortest lot line length. This determines the line along Peller Ave to be the side lot Lime creating a rear setback from our north lot line of 30 feet. This larger 30' setback moves our home south depleting,a larger portion of our side yard to the south that is to be the focus for our lawn and increasing the mostly unusable yard space to the north alongside our garage, Moving the house this additional distance also increases the length of our water and sewer lines to hook up to the stub on Peller Ave. Our request is that we are granted a conditional use permit to reduce this 30' setback to a 10' or 15' setback to our north lot line. This will provide more usable yard space to the south before the hill and swale. It will also provide some extra distance to the trees allowing for the entrance of natural light and solar energy gain into our main living space. (See the south elevation). Thank you for your time and consideration, Tom and Lisa Thiets 306 Elm St West Stillwater, MN 55082 651-788-5112 � MEALS Tom Thiets FROM THE 651-788-5112 cell HEART tthiets*mealsfromtheheart.org Hope 5WO Llemorial Avenue North starts Oak Park Heights,M N 55082 when hunger - P.O.Box 437, Stillv�ater,MN 55082 ends Page 41 of 64 �nnsmiWln mtbrH nca.ao .!•.• . _.._._... 1 Sjaiyl DS11 PUD WOE " ^° ! r r a jg Q !ol saua sea wary rVmf, W VN •T* --------Y-------------------------------- , ' I I ' I I I I ' I 1 , 1 i 1 1 I , I � I 1 — I 1 aJ 1 ' s I 1 e _ F- 1 a_ LL � U n j V 1 I I 4 4 Page 42 of 64 �9Nwlw gx6y�Vq1�O •• •..• wrssu �� 0 s}ail{1 DsiJ puQ wol � x s = CN — ._ � .AL-2 z� J= ae Ix 0 0 O I" w LL G I Ll u i inn 4N ° - o d ll Fr=- a/LY F ^ rr_ sr: N N N N N d N N N N N N N N N, E O l C� Vi N N N O D C co� laJ C iU d _ A p h w x x u N ftl�t p m 0 a 3 J., i� - : _ e� } �\\ ocy c000ao= mmme0m-o-cc o e DDoornT(nZIDco(OWiuD p I I -a '� 1 1 1 1 1 1 1 1 ton C N O O z W w 17 a Q C'1!')ilI.f1 N W lf}V LJ 01 �O -�CD + R:\to W W-I W W W w tC W W U !D U7 pD 00 c0 t007O D 3:)M M CO CO 40-t W$ J C1 W OpNNN N N NNNN N NN CV N O(C'� ED S T S T T 2 C) X X x N W W X x x x X x x x x x x X O 2 2— D da000d O 60 i0 O:c N Dx = a oav V J sF 4 Cit d�-t Y-� QDO °'� IL7p It -It {p CO W mDmmm �aOm a Q �N N N N N N N N N N N N N N 0 1 1 I J 1 1 1 1 1 1 1 1 1 6� o NN O (A 00M M]N NrhNr'^-NNN NNN \ '� N0 vili0Q 0— -V N W N 000000000--N t--r« M Z aIr0 D Page 43 of 64 ry r1LY.3wnm •'..I• • '. �xC SIGIItL DSIJ PUD 11101 .,W— i < I`7 . tri u� ►�ua'Isaa --N tl r m Z. 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I ii f( II II I � II ii Q I II EI ! I Q R II fl II I II If II II I it I II II b If a Page 47 of 64 OD ------------- ---------------- I i DL FMT ID I � t I � I '•� L I \ I I I I I I I I I I ! I I I I I I I I I I I I I I E I O I I mE o I I r- -----------------� I c M I €z M I I _ I C-) I ro f a 3 I I `s... ,,..� .®'i. —"' �.. •, A New Residerxe for WE ODw _ —. Tom and Lisa Thiets "—= tBALAY .essw.w. .� Oak Pak H.K^l, MIKHE50'U� Page 48 of 64 561h St. N I�nn� r• trP till S,%\ill 1 o rvl � rN 40 brow ,ed)ack r lP4 South lot water/sewer 10'- 15' side setback connection to the north lot Q OIL North lot water/sewer 57111 St. N Purchased lot size was 150' x 300' Address: 15405 57`h St.N Completed a minor sub-division into 2 lots. North lot 100' x 150' Parcel#: 03.029.20.24,0043 South lot 200' x 150' Parcel#: 03.029.20,24.0044 Page 49 of 64 CERTIFICATE ©F SLTR VHY FOR b TOM T.�.,-E TS PROPINTYADDRES.S DESCR.7P77OAr 5405 57TH STREET NORTH Lot 2, 4, e, 8, 10, k 12, Block 5, BEACH'S ADDITION TO OAK PARK 'HEIGHTS, MN OAK PARK HEIGHTS, Washington County, Minnesota, 550$2 Subject to easements of record, if any. 57 of � t oe NBfni°�2'1 B"E 'E cc / 148.38 PARCEL t Z 4ii �O sss° t U-E 0 o " C31 nnaa 1 ii .bl 7 r'YN t pfakevi. 11 44 L4 W LW', -- --�-- I 14$.e N89-48'4 45"E 567 .ST- 1V. s PARCS,A: PJJV 03.oAIT.a 0,A11,4UY,r.EGA?VD U= 2 c-e 4. IS:r :: HEACSS .-!-.:C\ To OAK • Iron monument famd PARK HCI01175, Woehington County, MInneaota, O,, Iron monument Got #21282 F/ subject to Comments of record, if any. Power Pole PARCEL B:?3W-'03-x*$ aq- DDgq {7 Hydrant 'LQ4 0, 9. Ia. C.6rw•o&: S G--z;1-s AMTM rV Gate Yalw Tt�OAK PARK HEIGHTS, Washington County, 0. Curb Stop tllnaadolo. Subject to eoternente a{record, N 0 Catch $wain ay. SCA IN FEET v0.a Sanitary Manhole Storm Manhole NO= YFence BGarirep are on omwmed datum. DE O rticad Eleatrsc I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I ama duly Licensed Land Surveyor unde" the laws of the State of Minnesota. 1440AceceSL dM i �ma � Sart F�MN 551Dfi AI3en C. thl'pPi ; L Fac 651-77&= DATE " UG. NO MN 21292 wnsetl�tl,�,geprn�t S eopasatam .'RAw eY Mm PROxvr muuo R {a13A01 Page 50 of 64 14 � p� `iad„R1 Il IY �� A � *r] cs .a: � 'Wa i r ~sem t. ,. %., u "✓ fi'« ..r •�' C 5;�;• � .G}a t�� a! �s • 1+�1 , � � >< �`� . � �;,'"�.� �y .fid •� e� y al r ♦�r• I � �� M W� f � >.I tJ 9.. 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"MIT 5 P N 'r 17 w ^� • J 1 r�.* -�(41 Page 56 of 64 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY TOM AND LISA THIETS FOR A CONDITIONAL USE PERMIT TO ALLOW A REAR YARD SETBACK AT PELLER AVENUE BETWEEN 56TH AND 57TH STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Tom and Lisa Thiets (Applicant) for a Conditional Use Permit to allow a 10-foot rear yard setback at Peller Avenue between 56t' and 57d' Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family dwellings and accessory structures are a permitted use; and 4. The Applicant created this lot by the minor subdivision process, approved on June 19, 2018, resulting in two lots,the subject lot bordering on 56l' Street which is 30,000 square feet and the lot on 57h Street which is 15,000 square feet; and 5. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-1 Single Family Residential District; and Page 57 of 64 6. Section 401.02.B of the Zoning Ordinance provides a definition of lot, front that specifies that the front lot line of the subject property is 56th Street and the rear lot is the line abutting the Iot to the north. Peller Avenue is not considered the front, but would require a 30-foot setback; and 7. The Applicant has proposed a 10-foot setback for the single-family dwelling to the north property line where a 30-foot setback is required; and 8. The Applicant has provided justification for the reduced setback stating that the lot is unique in that the rear lot line is to the north and not opposite Peller Avenue, there is a significant slope and an existing stand of trees preventing the house from fronting on 56" Street, and the dwelling to be constructed on the lot to the north will likely be fronting on Peller Avenue, which would provide consistency on this block; and. 9. Section 401.I5.C.1.e.5 of the Zoning Ordinance allows for a required yard on a lot to be reduced by a.Conditional Use Permit if conditions are met; and 10. City staff prepared a planning report dated February 7, 2019 reviewing the request; and 11. Said report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their February 14, 2019 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARD HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Tom and Lisa Thiets for a Conditional Use Permit to allow a I0-foot rear yard setback at Peller Avenue between 560h and 57th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Parr Heights for approval with the following conditions: I. The grade and tree cover at the south west comer of the subject property shall be preserved. 2 Page 58 of 64 2. The setback of the proposed house to the north property line shall be at least 10 feet. 3. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineel" Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of February 2019. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 59 of 64 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TOM AND LISA THIETS FOR A CONDITIONAL USE PERMIT TO ALLOW A REAR YARD SETBACK AT PELLER AVENUE BETWEEN 56"" AND 57TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Tom and Lisa Thiets (Applicant) for a Conditional Use Permit to allow a 10-foot rear yard setback at Peller Avenue between 56th and 57th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family dwellings and accessory structures are a permitted use; and 4. The Applicant created this lot by the minor subdivision process, approved on June 19, 2018, resulting in two lots, the subject lot bordering on 56th Street which is 30,000 square feet and the lot on 57th Street which is 15,000 square feet; and 5. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-1 Single Family Residential District; and Page 60 of 64 6. Section 401.023 of the Zoning.Ordinance provides a definition of lot, front that specifies that the front lot line of the subject property is 56`' Street and the rear lot is the line abutting the lot to the north. Peller Avenue is not considered the front, but would require a 30-foot setback; and 7. The Applicant has proposed a 10-foot setback for the single-family dwelling to the north property line where a 30-foot setback is required; and 8. The Applicant has provided justification for the reduced setback stating that the lot is unique in that the rear lot line is to the north and not opposite Peller Avenue, there is a significant slope and an existing stand of trees preventing the house from fronting on 56`x' Street, and the dwelling to be constructed on the lot to the north will likely be fronting on Peller Avenue, which would provide consistency on this block; and 9. Section 401.15.C.1.e.5 of the Zoning Ordinance allows for a required yard on a lot to be reduced by a Conditional Use Permit if conditions are met; and 10. City staff prepared a planning report dated February 7, 2019 reviewing the request; and 11. Said report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their February 14, 2019 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARI{ HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Tom and Lisa Thiets for a Conditional Use Permit to allow a 10-foot rear yard setback at Peller Avenue between 56ffi and 57"' Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: I. The grade and tree cover at the south west corner of the subject property shall be preserved. 2 Page 61 of 64 2. The setback of the proposed house to the north property line shall be at least 10 feet. 3. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. Approved by the City Council of the City of Oak Park Heights this 19"' day of February 2019, Mary McComber, Mayor ATTEST. Eric A. Johnson, City Administrator 3 Page 62 of 64 ATTACHMENT A f Conditional Use Permit For Setback Reduction of North Lot Line For Proposed Construction of a Single-Family Residential Dwelling Located at 5655 Peller Ave. N. (South of 15405 57t' St. N.) Physical Address: 5655 Peller Ave., N. Washington County Parcel Identification Number: 03.029.20.24.0044 Legal Description: Lots 6, 8, 10 & 12, Block 5, Beaches Addition Page 63 of 64 ATTACHMENT B Z40 Conditional Use Permit For Setback Reduction of North Lot Line For Proposed Construction of a Single-Family Residential Dwelling Located at 5555 Peller Ave. N. (South of 15445 571" St. N.) Application Materials • AppIication Foran • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: January 29, 2019 Planning Commission Review & Recommendation: February 14, 2019 Page 64 of 64