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HomeMy WebLinkAbout05-26-2020 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, MAY 269 2020 CITY COUNCIL MEETING AGENDA 6:00 PM This meeting will be conducted by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. If practical, members of the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at https://us02web.zoom.us/i/86713060544 or by calling (312- 626-6799) and entering meeting ID 86713060544#. There is no participant ID needed. Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of May 26, 2020 if you have any questions about access. 6:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. II. 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. 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 Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — May 12, 2020 (pg. 5) C. Approve Regular Premium Option for Worker's Comp Insurance 07/07/2020 — 07/06/2021(pg. 9) D. Approve Resolution — Cities are Essential Campaign (pg. 15) 6:10 p.m. V. Public Hearings 6:10 p.m. VI. Old Business 6:10 p.m. VII. New Business A. Conditional Use Permit — Replacement of a Garage at 5714 Penrose Ave. N (pg. 19) B. Central Automotive — Timeline Extension to Conditional Use Permit (pg. 41) C. Approve Roadway/Utility/Trailway Easement — 5676 Oakgreen Ave. N (pg. 51) D. Lookout Trail — Proposal for Engineering Services (pg. 61) Please mute or silence any cell phones, computers or other devices during meeting — Thank You. Page 1 of 104 Agenda May 26, 2020 Page 2 E. Temporary Bus Parking — Stillwater Area High School (pg. 67) F. Consider Appointments to Xcel Energy Advisory Panel (pg. 75) G. Resolution Relating to Outside Sales of Alcohol — Temporary Sales Areas During COVID-19 Pandemic (pg. 99) H. Approve Concept for High School Parade Route and Event (pg. 103) 6:45 p.m. VIII. Other Council Items or Announcements 7:00 p.m. X. Adjournment Page 2 of 104 Meeting Date Agenda Item Re Time Req. 0 Agenda Placement Originating Depart Requester's Signat Oak Park Heights Request for Council Action 26, 2020 Award Staff uestor _ Action Requested Receive Information ennifer Pinski Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 104 City of Oak Park Heiahts 14168 Oak Park Blvd. N . Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 May 21, 2020 Rickie and Tianna Nelson 15242 64" Street North Oak Park Heights, MN 55082 Dear Mr. & Mrs. Nelson: 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, May 21, 2020, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jenni er Pinski City Clerk TREE CITY U.S.A. Page 4 of 104 Meeting Date SO - Oak Park Heights Request for Council Action May 26, 2020 Agenda Item Approve City Council Meeting Minutes — May 12, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Requester's Signature Action Requested Approve Administration/Jennifer Pinski Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 5 of 104 CITY OF OAK PARK HEIGHTS TUESDAY, MAY 129 2020 CITY COUNCIL MEETING MINUTES HELD VIA VIDEO CONFERENCE PER MN STAT. 13D.021 L Call to Order/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 Kevin Sandstrom, and City Engineer Mann. Absent: City Planner Richards. Mayor McComber added "Approve Agreement for Municipal Transportation and Utility Easements — South Frontage Road — Krueger Lane and Norell Ave" to the Agenda as Old Business Item B. She also switched the order of Consent Agenda Items A and B. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Agenda as amended. Roll call vote taken. Carried 5-0. IL Summary of Closed Session from April 28, 2020 City Council Meeting City Attorney Kevin Sandstrom reported that acceptable terms were reached and the issue was on the Agenda that evening under Old Business to approve the agreement. III. Council/Staff Reports: A. Mayor McComber: She reported she had several conversations back and forth with lobbyists on the bonding bill. She said it was headed to the General Register. She said that HF 1842 regarding redevelopment grants for power plant host cities was headed to the House Floor. She also reported that she attended Zoom calls with FEMA Homeland Security and the Department of Public Safety. B. Councilmember Dougherty: He reported he attended a Chamber business reopening committee conference call and a conference call with the Coalition of Utility Cities, and he received a printout of the proposed Heroes Act. C. Councilmember Johnson: No report. D. Councilmember Liljegren: He reported the next Planning Commission meeting was set for May 14. He also said he was following the bonding bill and felt there would be some further trimming. E. Councilmember Runk: He reported the next meeting of the CVB was May 13 and the next MSCWMO meeting was set for May 14. Page 6 of 104 F. Staff: City Clerk Pinski reported that Jim Sprenger of 15015 65th Street North was chosen as the most recent recycling award winner. IV. Visitors/Public Comment: None V. Consent Agenda: A. Approve Payment of Legal Fees for Confidential Matter from Council Contingency Fund B. Approve Bills & Investments C. Approve City Council Minutes — April 28, 2020 D. Approve Stantec Construction Services Agreement E. Accept Donation to Police Community Outreach Fund Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. VL Public Hearings: None VII. Old Business: A. Chief of Police Hiring Process: Councilmember Dougherty, seconded by Councilmember Johnson, moved to formally direct the subcommittee to begin the process. Roll call vote taken. Carried 5-0. B. Annrove Agreement for Municibal Transbortation and Utilitv Easements South Frontage Road — Krueger Lane and Norell Ave: City Administrator Johnson reviewed his memo and the funding sources. Councilmember Johnson, seconded by Councilmember Runk, moved to approve the agreement. Roll call vote taken. Carried 5-0. VIII. New Business: A. Consider Resolution Outlininiz Further Citv COVID-19 Resbonses to Aid City Residences and Businesses: Mayor McComber suggested it was best to have the program go through the EDA. She also felt home-based businesses should be added to the program. City Administrator Johnson said the City had $50,000 in the undesignated fund balance that could be allocated to the EDA for the program and suggested an EDA meeting be set for Monday, May 18. Councilmember Dougherty, seconded by Councilmember Johnson, moved to allocate funds to the EDA and to recommend the EDA approve the program at their meeting on Monday, May 18, 2020. Roll call vote taken. Carried 5-0. Page 7 of 104 VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn at 7:39 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski City Clerk Mary McComber Mayor Page 8 of 104 ZIA", .. Oak Park Heights Request for Council Action Meeting Date May 26 2020 Time Required: 1 min Agenda Item Title:_ Workman's Comp - Approval of Premium Option Agenda Placement Originating Department/Requestor Finance — Betty Caruso Requester's Signature Action Requested Approve the Regular Premium Option for the Workman's Comp Insurance 7/7/2020- 7/6/2021 Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): We have received our workman's comp quote for 7/7/2020-7/7/2021. The premium comparison is as follows: A summary of changes is as follows: • The Net Premium increase of the 2020/2021 premium is $5,709 or 10.72% over 2019/2020. • The Calculated Premium increased by $8,031 or 11.00% over 2018/2019 premium. o The individual wage classification rates average increase is 9%. ( i.e. Street rate for 2019 $9.14/$100 wages; 2020 $9.96/$100 wages) o Wages used in the calculation increased by 1% • The premiums for the police classification are reduced by 10% or $4,100. This is because all of the police officers qualify for the non-smoking premium which is $5.52/$100. • If our claims remain low, our experience modification should remain low. Included with this memo is • The League premium quotes for adding deduction amounts to our present policy and quotes for retrospective premium options. Page 9 of 104 2020/2021 2019/2020 2018/2019 Calculated Premium $ 89,797 $ 81,036 $ 73,005 Experience Modification 72% 72% 89% Standard Premium 64,654 58,346 64,974 Premium Discount 5,667 5,068 5,698 Net Premium $ 58,987 $ 53,278 $ 59,276 Increase from Prior Year 10.715% -10.119% 5.335% A summary of changes is as follows: • The Net Premium increase of the 2020/2021 premium is $5,709 or 10.72% over 2019/2020. • The Calculated Premium increased by $8,031 or 11.00% over 2018/2019 premium. o The individual wage classification rates average increase is 9%. ( i.e. Street rate for 2019 $9.14/$100 wages; 2020 $9.96/$100 wages) o Wages used in the calculation increased by 1% • The premiums for the police classification are reduced by 10% or $4,100. This is because all of the police officers qualify for the non-smoking premium which is $5.52/$100. • If our claims remain low, our experience modification should remain low. Included with this memo is • The League premium quotes for adding deduction amounts to our present policy and quotes for retrospective premium options. Page 9 of 104 The various deductible premiums and the retrospective premiums are an option that the City should review. (See attached LMCIT Premium Option Letter for reference) Deductible Premium- the only deductible that could be a potential option would be the $500 deductible. The "breakeven" would be 2 claims of $500 being filed -any claims filed over that would be greater expense than the $58,987 regular premium for no deductible. The average claims filed are approximately 2-3/year. So this option would not provide any significant savings. The Retrospective Premium- the city would pay the initial $58,987 premium. At the end of the policy year, the city would have a workman's comp audit as normal based on actual wages paid. 6 months following any claims filed in the policy year would be analyzed and an estimate of the incurred claims would be charged to the city. If the claims are less than $20,000, the city would be refunded premium dollars (net premium min $36,659). If claims are over the $20,000 the city would pay more premium up to a cap of $84,050. If a claim is filed and no money is actually paid, the LMCIT estimate of incurred claim can still be assessed to the city and charged as the claim can remain open up to 16 years. If this option were to be chosen by the council, I would recommend setting aside the potential additional premium of 525,000 that could potentially be assessed by the LMCIT. There is potential to gain S22,300 in premium savings as well as a potential to lose 525,000. I would recommend the standard premium coverage based on the savings of premium dollars is minimal if a deductible is added or an increased premium may result if the retrospective option is chosen. The budget for 2020 for Workman's Comp is $60,100. The expenditure based on the premiums being allocated to a calendar year would be $56,132. Page 10 of 104 League of Minnesota Cities Insurance Trust Group Self -Insured Workers' Compensation Plan 145 University Avenue West St. Paul, MN 55103-2044 Phone (651) 215-4173 Notice of Premium Options for Standard Premiums of $50,000 - $100,000 OAK PARK HEIGHTS, CITY OF Agreement No.: WC 1003678Q-4 14168 OAK PARK BLVD N Agreement Period: OAK PARK HEIGHTS, MN 55082-6476 From: 07/07/2020 To: 07/07/2021 Enclosed is a quotation for workers' compensation deposit premium. Note: Renewal Coverage will be bound as per the expiring coverage arrangement, including coverage for elected and appointed officials, with the premium indicated on the quote, unless the member or agent sends a written request not to bind renewal coverage. PAYROLL DESCRIPTION ESTIMATED DEPOSIT CODE RATE PAYROLL PREMIUM SEE ATTACHED SCHEDULE FOR DETAILS Manual Premium 89,797 Credit 0.72 -25,143 Standard Premium 64,654 Deductible Credit 0.00% 0 Premium Discount -5,667 Net Deposit Premium $58,987 Adjustment for Commission' 0 Total Net Deposit Premium $58,987 `Workers compensation rates assume a 2% standard commission. The commission adjustment accounts for the commission difference, above or below 2%. Agent: 01003 Forest Lake Ins Agency 232 S Lake St Forest Lake, MN 55025-2605 Page 1 of 3 LM4514 (3/Qklk gYiAt/0 0) Notice of Premium Options for Standard Premiums of $50,000 - $100,000 (Con't) CONTINUATION SCHEDULE FOR QUOTATION PAGE REMUNERATION RATE CODE DESCRIPTION EST. PREM 158,407 9.96 5506 STREET CONSTRUCTION 15,777 184,194 4.19 7520 WATERWORKS 7,718 1,033,103 5.52 7721 POLICE -NON SMOKING 57,027 527,341 0.78 8810 CLERICAL OFFICE EMPLOYEES NOC 4,113 18,150 8.52 9016 SKATING RINK OPERATION 1,546 46,787 6.04 9102 PARKS 2,826 103,259 0.67 9410 MUNICIPAL EMPLOYEES 692 18,200 0.54 9411 ELECTED OR APPOINTED OFFICIALS 98 Manual Premium 89,797 Page 3 of 3 LM4514 (�02ffleof. 04/20) 9 Notice of Premium Options for Standard Premiums of $50,000 - $100,000 (Con't) OPTIONS Please indicate below the premium option you wish to select. You may choose only one option and you cannot change options during the agreement period. 1. ❑ Regular Premium Option NET DEPOSIT PREMIUM $58,987 2. ❑ Deductible Premium Option Deductible options are available in return for a premium credit applied to your estimated standard Premium of $ 64,654. The deductible will apply per occurrence to paid medical costs only. There is no aggregate limit. 3. ❑ Retrospective Rates Premium Option Retro -Rated Minimum Factor Est. Minimum Retro -Rated Est. Maximum Premium MaximumFactor Premium ❑ Deductible Premium Credit Net Deposit 84,050 per Occurrence Credit Amount Premium ❑ $250 0.90% -582 58.405 ❑ $500 1.60% -1,034 57,953 ❑ $1,000 2.60% -1,681 57,306 ❑ $2,500 4.50% -2,909 56,078 ❑ $5,000 6.50% -4,203 54,784 ❑ $10,000 9.00% -5,819 53,168 ❑ $25,000 15.00% -9,698 49.289 ❑ $50,000 20.00% -12,931 46,056 3. ❑ Retrospective Rates Premium Option Retro -Rated Minimum Factor Est. Minimum Retro -Rated Est. Maximum Premium MaximumFactor Premium ❑ 0,567% 36,659 1.300% 84,050 ❑ 0.528% 34,137 1,500% 96,981 ❑ 0.454% 29.353 2.000% 129,308 This quotation is for a deposit premium based on your estimate of payroll and selected options. Your final actual premium will be computed after an audit of payroll subsequent to the close of your agreement year and will be subject to revisions in rates, payrolls and experience modification. While you are a member of the LMCIT Workers' Compensation Plan, you will be eligible to participate in divident distributions from the Trust based upon claims experience and earnings of the Trust. If you desire the coverage offered above, please return this signed document for the option you have selected. This quotation should be signed by an authorized representative of the city requesting coverage. Signature Title Date Page 2 of 3 LM4514 (3/R v0P1630) THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 104 Oak Park Heights Request for Council Action Meeting Date May 26t1, 2020 Time Required: I Minute Agenda Item Title: CITIES ARE ESSENTIAL CAMPAIGN - RESOLUTION Agenda Placement Consent Agenda Originating Department/Requestor: Mayor Mary McComber Requester's Signature Action Requested: Approve Resolution - OAK PARK HEIGHTS IS ESSENTIAL: IN SUPPORT OF FAIR, DIRECT FEDERAL EMERGENCY SUPPORT TO REOPEN AND REBUILD LOCAL AMERICAN ECONOMIES Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I would like the Council to please consider and adopt the attached resolution as encouraged by the NLC. hllps://www.nlc.org/article/cities-are-essential-new-campaign-calls-for-immediate-direct- fundin _ -tg o-support-local-covid Page 15 of 104 RESOLUTION OAK PARK HEIGHTS IS ESSENTIAL: IN SUPPORT OF FAIR, DIRECT FEDERAL EMERGENCY SUPPORT TO REOPEN AND REBUILD LOCAL AMERICAN ECONOMIES WHEREAS, America's cities, towns and villages face unprecedented threats due to the ongoing COVID- 19 pandemic emergency; and WHEREAS, municipalities are essential to America's economic recovery and without funding support for local governments, municipalities may go from being a critical part of the economic solution, to becoming a major obstacle to long-term stabilization and recovery; and WHEREAS, America's cities, towns and villages will experience budgetary shortfalls of up $134 billion in fiscal year 2020 alone, and the negative effects of the pandemic emergency on local communities will continue long after this year; and WHEREAS, three million critical municipal worker jobs are at risk, threatening cuts to basic community services, including 9-1-1 response, sanitation, and maintenance; and WHEREAS, communities have taken extraordinary measures to protect health, safety, and the continuation of essential services throughout the emergency; and WHEREAS, the City of Oak Park Heights also expects to see impacts to its tax base and significant job losses which will impact ability to deliver public services; and, WHEREAS, America's rural communities and small towns are struggling just as much as big cities and risk being left behind or wiped out entirely. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights calls on Congress to allocate fair and direct federal support to all of America's communities, regardless of population size; and BE IT FURTHER RESOLVED that this funding must be flexible and address not only the additional expenses incurred by communities to respond to the pandemic emergency, but also the dramatic budgetary shortfalls resulting from pauses in commerce, tourism, other economic engines; and BE IT FURTHER RESOLVED that local governments will ensure federal funds are immediately used to rebuild and reopen the national economy; and BE IT FURTHER RESOLVED that funding will keep middle class workers employed and critical services operating; and BE IT FURTHER RESOLVED THAT the City of Oak Park Heights has been part of the emergency response and now calls on Congress to build a united national partnership for a safe, healthy, prosperous life. The Resolution has been duly considered and adopted by the City Council this 26th day of May, 2020. Mayor Mary McComber Attest: Eric Johnson, City Administrator Page 16 of 104 NLCNATIONAL LEAGUE OF CITIES Iq CITIES, TOWNS AND VILLAGES ARE ESSENTIAL TO AMERICA'S ECONOMIC RECOVERY. WITHOUT SUPPORT FOR LOCAL_ GOVERNMENTS, MUNICIPALITIES MAY MOVE FROM BEING PART OF THE ECONOMIC SOLUTION, TO BECOMING A MAJOR OBSTACLE TO LONG-TERM STABILIZATION AND RECOVERY. The negative effects of the coronavirus pandemic on local communities are severe and will continue long after this year. Cities alone will experience a total revenue loss of up to $134 billion this year - equaling a 21.6% loss of revenue. And they will experience a total loss of over $360 billion over the next 3 years Total Revenue Loss for Cities, Towns and Villages ($ billion) 2020 2021 2022 Source: National League of Cities analysis of U.S. Census Bureau data (2017 total -n source revenues for municipal and township governments), adjusted for inflation, and based on unemployment projections provided by the Congressional Budget Office. Every city, town and village in every state across America will feel the dire economic consequences of this pandemic. SOME WILL REACH UP TO 40% IN TOTAL REVENUE LOSS. Page 17 of 104 Revenue Loss for Cities, Towns and Villages as a Share of Total Own -Source Revenue by State, 2020 IL - 30%-40% 20%-30% 15%-20% 9%-14% S- _ Naeonal League d Gfis analysis d U 5- Cereus Bureau data (2917 total own -sou... revenues for munidpal and tow ,d gcvemmenGJ, adlueted for Inflation, with unemployment pro tions provided It, t Congressional Budget Office and unemployment claims by the Department of Labor - Top 10 states with the most impacted municipalities: PENNSYLVANIA KENTUCKY HAWA I I MICHIGAN NEVADA 40.2% revenue loss 39.1% revenue loss 38.2% revenue loss 37.3% revenue loss 36.8% revenue loss WASHINGTON LOUISIANA GEORGIA OHIO RHODE ISLAND 32.7% revenue loss 32.2% revenue loss 31.0% revenue loss 30.4% revenue loss 29.3% revenue loss ................................................................................................................................................................. In 2020, the unemployment rate will be 7.2 percent greater than expected as a direct cause of the coronavirus pandemic. For every 1% increase in unemployment, municipalities will experience an additional 3% loss of revenue. We need to ensure the American way of life continues. Funding will help us support the hospitals, roads and crucial repairs to our nation's infrastructure that could face closure and abandonment without funding. WE NEED A UNITED NATIONAL PARTNERSHIP 4'4llllll0 GET BACK TO A SAFE, HEALTHY, PROSPEROUS LIFE. WE RISE TOGETHER, WE REBUILD TOGETHER. JOIN US FIGHTING AT THE FRONT LINE. Learn more https://covidl9.nlc.org/cities-are-essential/ Page 18 of 104 Oak Park Heights Request for Council Action Meeting Date May 26th, 2020 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit - Replacement of a Garage at 5714 Penrose Avenue N_ Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested _Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated 5/6/20 as presented to the Planning Commission; 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution. Page 19 of 104 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCCcyP1anningCo.com MEMORANDUM TO: FROM: DATE: RE: TPC FILE: BACKGROUND Eric Johnson Scott Richards May 6, 2020 Oak Park Heights — Request for a Conditional Use Permit for Replacement of a Garage at 5714 Penrose Avenue North 236.06 — 20.01 Lucy and Irwin Turner have made an application for a Conditional Use Permit to allow for the replacement of a garage at 5714 Penrose Avenue. The Applicants have requested the Conditional Use Permit in that the square footage of the new garage, in combination with the existing garage space, will exceed the allowance for accessory buildings. The property is zoned R-1 Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Aerial Photo of Site Exhibit 2: Site Plan with Proposed Garage Exhibit 3: Garage Elevations Exhibit 4: Storm Drainage Picture Exhibit 5: Rear Yard Access to Alley Allowance — 5703 and 5715 Peller Avenue PROJECT DESCRIPTION The applicants have submitted the following narrative- / am submitting this application for a building permit of a garage to be built on our land at 5714 Penrose Avenue North, Oak Park Heights, MN. The garage will be built in our back yard, it will be 24 feet by 24 feet, there will be no windows only a double car garage door and a service door on the north side of the house. The building will match Page 20 of 104 the house with the same color, style of siding and two -foot eves as the house. We already have a back garage attached to the house so will not need another driveway. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in the Comprehensive Land Use Map. The request for the garage is consistent with the Comprehensive Plan policies related to low density land use. Zoning: The property is zoned R-1 Single Family Residential District. The accessory building requirements in Section 401.15. D of the Zoning Ordinance require that "no accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area except by approval of a Conditional Use Permit." The garage area that exists as part of the principal structure is 947 square feet. The new detached garage will be 576 square feet for a total of 1,523 square feet. A review of the criteria for accessory buildings is as follows- 401.15.D. ollows: 401.15.D. Accessory Buildings Uses and Equipment. Connection with Principal Building: An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. Comment: The principal building will be approximately 23 feet from the proposed garage. 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The proposed garage will be placed in the rear yard. 3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. The setback and height requirements under this provision may be varied by approval of a 2 Page 21 of 104 conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The proposed garage will be compliant with the height and setback requirements. The garage is proposed at 10 feet from the side property line. The Applicant shall provide a survey or boundary line marked by a registered surveyor indicating the location of the side yard prior to obtaining a building permit. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The garage shall occupy approximately 11 percent of the rear yard. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D. 13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. Comment: There will be only one detached structure on the property. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: As indicated the proposed garage and the existing garage space as part of the principal structure will occupy 1,523 square feet, requiring a Conditional Use Permit. 7. Administrative Approvals. Storage buildings one hundred twenty (120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. Comment: Not applicable. Page 22 of 104 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The existing garage will be torn down and the new garage will be built in its place. There are no other accessory buildings on the property. 9. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. Comment: Not applicable unless proposed as part of the new garage. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D.11 of this Ordinance. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint. Comment: The Applicants have indicated that the design and building materials of the proposed garage will match the existing house. Conditional Use Permit Criteria: The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, 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. 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 Conditional Use Permits proposed for the site. There should be no negative neighborhood issues with this request. Most of the garage area is within the 4 Page 23 of 104 principal structure. The proposed detached garage is a normal sized two stall garage. City Staff does not see any issues with the request. Drainage: The Applicants shall provide a drainage plan for the garage including proposed floor elevation of the new structure, elevation of the existing drainage grate and drainage patterns. 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. Access to Alley: The current garage and proposed garage are accessed from a rear alley adjacent to the property. This is not public right of way and it appears as though the access is through the rear of the neighbor's property. The City cannot guarantee this access to the Applicants. Statements from the adjacent property owners at 5703 and 5715 Peller Avenue have been provided allowing access. CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permit to allow for the replacement of a garage at 5714 Penrose Avenue, our office would recommend the garage construction with the following conditions: 1. The existing garage shall be removed, and the new garage shall not exceed 1,550 square feet. 2. The Applicants shall provide a drainage plan for the garage including proposed floor elevation of the new structure, elevation of the existing drainage grate, and drainage patterns. 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. 3. All setback requirements of the Zoning Ordinance shall be complied with. 4. Any exterior mechanical equipment associated with the garage shall be screened. 5. The exterior of the proposed garage shall be finished with siding and painted to match the current home exterior. 6. The applicant shall apply for and receive a building permit for the structure. 7. Any other conditions of the Planning Commission, City Council and City Staff. 5 Page 24 of 104 In A Welffillyll o OUR Welffillyll Irl /5 50- 9 70/ Estimate Id: 66621- n m ._�..� Here are the wall configurations for your design. Illustration May Not Depict All Options Selected Gable Front View 24' — Eave Front View 1r-6" 3% mom Page 2of3 311112020 �4 . 4� 5 Gable Back View (1� - PREHUNGSTE PH36LHSTEE CM -16 -PANEL STEEL DOOR (1 - GARAGE DOOR 16X7WHITE INSUL RAISEDPNL EZSETTORSN Eave Back View Building Size: 24 feet wide X 24 feet long X 8 feet high / Approximate Peak Height: 12 feet 4 inches (148 inches) ../ NOTE: Overhead doors may need to be "Wind Code Rated" de ending on your building location. Confirm the door requirements wit your local zoning o4cial before construction, Menard4rovided material estimates are intended as a general construction aid and have been calculated using typical construction methods. Because of the wide vadabifdy in codes and site restrictions, all final plans and material ksts must be verified vvM your local zoning office. Menards is a supplier of construction materials and does rat assume liability for design, engineering or the oompleteness of any material lists provided. Underground electrical, phone and gas Gras should be located and marked before your building plans are finalized. Remember to use safe4 equipment including dust masks Page 27 of 104 I N r a H K-I�l E,, -OA- rw LY �P,g;278 of 104 &�- 4- 5 To: Oak Park Heights Planning Consultant I will allow my neighbors use of private back alley to access their backyard Garages. NAME: r�% � t `i,�r�Tz DATE: 0 ADDRESS: Page 29 of 104 To: Oak Park Heights Planning Consultant I will allow my neighbors use of private back alley to access their backyard Garages. f— NAME: ATE: Z �� ADDRESS: <? / 5 PItz� Page 30 of 104 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 LUCY AND IRWIN TURNER FOR A CONDITIONAL USE PERMIT TO ALLOW THE REPLACEMENT OF A GARAGE THAT WILL EXCEED THE 19200 SQUARE FOOT TOTAL ALLOWANCE FOR ACCESSORY BUILDING FLOOR AREA AT 5714 PENROSE AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Lucy and Irwin Turner (Applicants) for a Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200 square foot total allowance for accessory building floor area at 5714 Penrose Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicants have 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 Applicants have removed an accessory building from the property and propose a new 576 square foot garage in the same location; and 5. There are two garages within the principal structure, a lower level garage of 441 square feet and an upper garage of 506 square feet for a total of 947 square feet; and Page 31 of 104 6. The total proposed floor area of the attached and detached accessory building will be 1,523 square feet; and 7. Section 401.15.1) of the Zoning Ordinance requires the following: "no accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area except by approval of a Conditional Use Permit"; and 8. The Applicants have applied for a Conditional Use Permit to allow for the additional garage space over what is allowed under Section 401.15.1) of the Zoning Ordinance; and 9. City staff prepared a planning report dated May 6, 2020 reviewing the request; and 10. Said report recommended approval of the Conditional Use Permit in that it is in conformance with the standards and criteria for issuance of Conditional Use Permits found in Section 401.15.1), and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 11. The Planning Commission held a public hearing at their May 14, 2020 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Lucy and Irwin Turner (Applicants) for a Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200 square foot total allowance for accessory building floor area at 5714 Penrose Avenue and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The new detached garage, in combination with the existing attached garage space within the principal dwelling, shall not exceed 1,550 square feet. 2. The Applicants shall provide a drainage plan for the garage including proposed floor elevation of the new structure, elevation of the existing drainage grate, and drainage patterns. The City Engineer will review the drainage for the site. The Page 32 of 104 final grading for the proposed structure shall be subject to approval of the City Engineer. All setback requirements of the Zoning Ordinance shall be complied with. The south property line shall be verified and marked by a registered land surveyor. 4. Any exterior mechanical equipment associated with the garage shall be screened. 5. The exterior of the proposed garage shall be finished with siding and painted to match the current home exterior. 6. The applicant shall apply for and receive a building permit for the structure. Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of May 2020. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 33 of 104 ATTACHMENT A Conditional Use Permit For Lucy & Irwin Turner To Exceed Allowable Square Footage For Accessory Structures Washington County Property Identification Number: 03.029.20.23.0015 & 03.029.20.24.0018 Legal Description: Beach's Addition Lot 5, Block 2 — Part of Lot 5 002 being the S. 5 ft. thereof Beach's Addition to Oak Park Heights and Beach's Addition Lot 7, Block 2 — Lot 6 & N. 20 ft. of Lot 9 002 Oak Park Heights Physical Address: 5714 Penrose Ave. N. Page 34 of 104 ATTACHMENT B Conditional Use Permit For Lucy & Irwin Turner To Exceed Allowable Square Footage For Accessory Structures 5714 Penrose Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing & Recommendation: May 14, 2020 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 35 of 104 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 LUCY AND IRWIN TURNER FOR A CONDITIONAL USE PERMIT TO ALLOW THE REPLACEMENT OF A GARAGE THAT WILL EXCEED THE 19200 SQUARE FOOT TOTAL ALLOWANCE FOR ACCESSORY BUILDING FLOOR AREA AT 5714 PENROSE AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Lucy and Irwin Turner (Applicants) for a Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200 square foot total allowance for accessory building floor area at 5714 Penrose Avenue; 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: The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicants have 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 Applicants have removed an accessory building from the property and propose a new 576 square foot garage in the same location; and Page 36 of 104 5. There are two garages within the principal structure, a lower level garage of 441 square feet and an upper garage of 506 square feet for a total of 947 square feet; and 6. The total proposed floor area of the attached and detached accessory building will be 1,523 square feet; and 7. Section 401.15.1) of the Zoning Ordinance requires the following: "no accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area except by approval of a Conditional Use Permit"; and 8. The Applicants have applied for a Conditional Use Permit to allow for the additional garage space over what is allowed under Section 401.15.1) of the Zoning Ordinance; and 9. City staff prepared a planning report dated May 6, 2020 reviewing the request; and 10. Said report recommended approval of the Conditional Use Permit in that it is in conformance with the standards and criteria for issuance of Conditional Use Permits found in Section 401.15.1), and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 11. The Planning Commission held a public hearing at their May 14, 2020 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Lucy and Irwin Turner (Applicants) for a Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200 square foot total allowance for accessory building floor area at 5714 Penrose Avenue and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The new detached garage, in combination with the existing attached garage space within the principal dwelling, shall not exceed 1,550 square feet. Page 37 of 104 2. The Applicants shall provide a drainage plan for the garage including proposed floor elevation of the new structure, elevation of the existing drainage grate, and drainage patterns. 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. All setback requirements of the Zoning Ordinance shall be complied with. The south property line shall be verified and marked by a registered land surveyor. 4. Any exterior mechanical equipment associated with the garage shall be screened. 5. The exterior of the proposed garage shall be finished with siding and painted to match the current home exterior. 6. The applicant shall apply for and receive a building permit for the structure. Approved by the City Council of the City of Oak Park Heights this 26t" day of May 2020. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 38 of 104 ATTACHMENT A Conditional Use Permit For Lucy & Irwin Turner To Exceed Allowable Square Footage For Accessory Structures Washington County Property Identification Number: 03.029.20.23.0015 & 03.029.20.24.0018 Legal Description: Beach's Addition Lot 5, Block 2 — Part of Lot 5 002 being the S. 5 ft. thereof Beach's Addition to Oak Park Heights and Beach's Addition Lot 7, Block 2 — Lot 6 & N. 20 ft. of Lot 9 002 Oak Park Heights Physical Address: 5714 Penrose Ave. N. Page 39 of 104 ATTACHMENT B Conditional Use Permit For Lucy & Irwin Turner To Exceed Allowable Square Footage For Accessory Structures 5714 Penrose Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing & Recommendation: May 14, 2020 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 40 of 104 Oak Park Heights Request for Council Action Meeting Date May 26th, 2020 Time Required: 5 Minutes Agenda Item Title: Central Automotive - Timeline Extension to Conditional Use Permit Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Central Automotive (David Triemert) has requested a one-year extension to the approvals granted by the City on May 28th, 2019. This would take their approval date through May 2021.See the attached email. To paraphrase a conversation, they hope to be under construction by the end of summer 2020, but not absolutely sure at this stage. Central Automotive did purchase the land. In general, these approvals once issued lapse after 12 months. That approval resolution is attached. Extensions may of course be granted by the Council, but is more specifically outlined in City Ordinance 401.03.C.4 (attached). This process relates to Conditional Use Permits specifically. Also, there have not been any zoning or planned land use changes anticipated with the City's 2018 Comprehensive Plan for this area. Therefore, the proposed use to the site remains generally acceptable for the area. Staff does not anticipate any practical difficulties with some extension, and would recommend to the Council to support an extension. Enclosures: 1. EMAIL -dated April 24th, 2020. 2. City Ord. 401.03.C.4 3. Copy of Issued Amended CUP & Resolution - from May 2019. Page 41 of 104 From: david triemert To: Eric Johnson Subject: Central Automotive Date: Friday, April 24, 2020 11:30:06 AM Hello Eric, I am requesting a 1 year extension on my approvals for Central Automotive Thank You, Dave Triemert Page 42 of 104 4. Lapse of Approval. a. Unless the City Council specfficaliy approves a different time when actiion i officially taken an the request, the conditicmal use permit shall became null and avid twelve ( 1 2) months after the date of approval, unless the property owner or applicant tray substantially started the Mnstruchon of any building, structure, addition or alteration, or use requested as part of the conditional use_ The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. b. An application to extend the approval of a conditional use penult shall be submitted to the Zoning Administrator not less than thirty (00) days before the expiration of said approval- Such an application shall state the facts of the request, showing a good faith attempt to utilize the permit, and it shall state the additional tirne being requested to begin the proposed oonsWiction. The application shall be hearts and decided by the City Council prior to the iapse of approval of the original request. C. In making its determination on whether an applicant has made a good faith attempt to utilize the conditional use permit, the City Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special andlor unique circumstances beyond the control of the applicant which have caused the delay - Page 43 of 104 RESOLUTION NO. 19-05-25 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 DAVE TRIEMERT OF CENTRAL AUTOMOTIVE FOR CONDITIONAL USE PERMITS, FINAL PLAT, AND SITE PLAN/DESIGN GUIDELINES REVIEW FOR AN AUTO REPAIR FACILITY AT OSGOOD AVENUE AND 59TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Dave Triemert of Central Automotive for Conditional Use Permits, Final Plat, and Site Plan/Design Guidelines Review for an Automotive Repair Facility at Osgood Avenue and 59th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2, General Business District. The subject property requires a Conditional Use Permit to allow motor fuel stations, auto repair and battery stores and service in the B-2 General Business District; and 4. The property has been platted as Outlot A of Oak Park Heights Auto Plaza. The property is proposed to be re -platted as Lot 1, Block 1 of Oak Park Heights Auto Plaza requiring the approval of a Final Plat; and 5. The Applicant is requesting two wall signs on one facade, requiring the review of a Conditional Use Permit; and Page 44 of 104 6. Design Guideline/Site Plan approval is required for the new building and site improvements; and 7. City staff prepared a planning report dated May 2, 2019 reviewing the request; and 8. Said report recommended approval of the two Conditional Use Permits, Final Plat, Site Plan, and Design Guidelines review subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their May 9, 2019 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Dave Triemert of Central Automotive for Conditional Use Permits, Final Plat, and Site Plan/Design Guidelines Review for an Automotive Repair Facility at Osgood Avenue and 59th 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 the following, subject to the conditions as follows: • Conditional Use Permit for the auto repair facility. • Final Plat approval. • Conditional Use Permit to allow two wall signs on one building facade. • Design Standards/Site Plan review. 1. The Final Plat shall be subject to review and approval of the City Engineer and City Attorney. Connection charges and park dedication shall be paid in accordance with the provisions of the Development Agreement. 2. As part of the Final Plat approval, the 30 -foot easement at the south property line shall be reduced to 20 feet. A public hearing of the City Council shall be conducted to consider the reduction of the easement width. 3. The access point is subject to review and approval of Washington County. 2 Page 45 of 104 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Middle St. Croix Watershed District. 5. All lighting fixtures shall be full cut off and installed in compliance with the Iighting standards of the Zoning Ordinance. 6. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. Any security lighting on the east elevation shall be installed as a motion sensor fixture 7. The landscape and tree removal/replacement plans are subject to review and approval of the City Arborist. 8. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. 9. All noise generated from the store shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 10. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building fagade materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 11. The Planning Commission was favorable, and the City Council approves the building design and finds the structure compatible with the Design Standards. 12. The Planning Commission was favorable, and the City Council approves the building material selection and colors. 13. There shall be no outside storage, including tires and auto parts. No storage shall be allowed in trailers that are parked on the property. 14. The applicant shall be required to enter into a Development Agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. Approved by the City Council of the City of Park Heights this 28th day of May 2019. Mazy 11j<�Comb'er, Mayor 3 Page 46 of 104 ATTEST: Eric A. Johnson, City Administrator a' Page 47 of 104 CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR AUTOMOTIVE REPAIR BUSINESS FOR CENTRAL AUTOMOTIVE AT OSGOOD AVENUE AND 59' STREET N. Planner's File No.: 236.02-19.04 Date Issued: May 28, 2019 Legal Description: (Washington County Geo. Code: 04.029.20.11.0160) Lot 1, Block 1, Oak Park Heights Auto Plaza 2Qa Addition, according to the recorded plat thereof, (formerly Outlot A, Oak Park Heights Auto Plaza, according to the recorded plat thereof) Owner: David C. Triemert, Jr. Central Automotive, LLC 1466160`" Street Oak Park Heights, MN 55082 Applicant: Same Site Address: * * * * 59`h Street N., Oak Park Heights, MN Present Zoning District: B-2 General Business District Permitted uses set forth in Ordinance 401 Section 401.30.E.3 I. CUP PERMIT: The property located in the B-2 general business district was an undeveloped outlot at the time of application, and is subject to replatting by Applicant. The property site lies in close proximity to both commercial and residential properties. Applicant proposes to use the Site for an automotive repair business, with intent to develop this site and relocate Applicant's existing business from another site in the City. The subject property requires a Conditional Use Permit to allow motor fuel stations, auto repair and battery stores and service in the B-2 General Business District. The Applicant requested two wall signs on one fagade, requiring specific approval of that condition. The proposed use satisfies all required conditions of the zoning code and is in general conformance with the neighborhood. All permits and uses applied for an auto repair facility are granted, including the request for two wall signs on one Page 48 of 104 fagade, but shall be subject to the following conditions and/or restrictions imposed by the May 28, 2019 Resolution of the City Council of the City of Oak Park Heights as follows: I . The CUP is subject to approval and recording of the final plat of the site to amend its outlot status, with the final plat subject to review by the City Engineer and City Attorney. 2. Pursuant to final plat approval, the 30 -foot public easement at the south property line shall be reduced to 20 feet, and Applicant shall undertake all steps necessary to vacate the other 10 feet of easement area. The applicant shall be required to enter into a Development Agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 4. Connection charges and park dedication shall be paid in accordance with the provisions of the Development Agreement. 5. The final public roadway access point shall be subject to review and approval by Washington County. 6. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Middle St. Croix Watershed District. The onsite stormwater drainage pond/structures shall be subject to all maintenance and upkeep requirements in the Development Agreement.. 7. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 8. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. Any security Iighting on the east elevation shall be installed as a motion sensor fixture 9. The landscape and tree removal/replacement plans shall be reviewed and approved by the City Arborist. 10. All signage shall be reviewed and approved by City Staff for conformance with Zoning Ordinance standards. 11. All noise generated from the store shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 12. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building facade materials and in accordance with Section 401.15.E. 10.e of the Zoning Ordinance. Page 49 of 104 13. The final building design standards and site plan shall conform to the plans and specifications as submitted to and approved by the City Council. 14. The final building material selection and colors shall conform to the plans and specifications as submitted to and approved by the City Council, 15. There shall be no outside storage, including tires or auto parts. No storage shall be allowed in trailers parked on the property. III. Reference Attachment: The reports of the City Planner dated May 2, 2019 and all exhibits therein, including site plan approved by the City Council, City Arborist memo, and City Engineer memo, are annexed hereto by reference as "Exhibit A." IV. Abandonment: This Conditional. Use Permit shall become null and void twelve (12) months after the date of approval unless Applicant has substantially started the construction of the building approved as part of the conditional use. This permit requires continuous use in order to preserve the Conditional Use granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review: Annual review is not imposed as a condition of this permit Date: Date: Date: 1N WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PAS HEIGHTS By --Z Eric Johnson City Administrator David Triemert JR By -- David C. Triemert. Jr. Page 50 of 104 Oak Park Heights Request for Council Action Meeting Date May 26t1, 2020 Time Required: 3 Minutes Agenda Item Title: APPROVE ROADWAY/UTILITY/TRAILWAY EASEMENT – 5676 OAKGREEN AVE. Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature 441— Action " Action Requested: APPROVE & ACCEPT ROADWAY/UTILITY/TRAILWAY EASEMENT – 5676 OAKGREEN AVE. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): City has had several conversations with the owners of the property at 5676 Oakgreen Ave. (J K & K Group) in order to secure a roadway-trailway-drainage and utility easements across the eastern 33 feet of their property; this will facilitate the necessary trail construction as part of the Oakgreen Avenue project please see the attached easement agreement that conveys those rights to the City. The Owners representative Jaime Junker was great to work with and appreciates the City's project coming forward. They did not seek a direct reciprocal financial contribution from the City for the easement; however, the City has committed to restoring their small driveway along that road and paving it. They may seek a donation value through their own federal reporting priorities as outlined in the agreement however the City has no input into determining those values. This easement is absolutely necessary for the trail installation planned as part of the 2020 Oakgreen Ave. Project and was part of the base bid. REQUESTED ACTION: APPROVE & ACCEPT ROADWAY/UTILITY/TRAILWAY EASEMENT – 5676 OAKGREEN AVE. ENCLOSURES: FINAL DRAFT OF EASMENT AGREEMENT – (subject to any final revisions necessary by the City Attorney). • Letter from the Owner – Jamie Junker dated 5/20/20 • CUT SHEET FROM OAKGREEN AVE PROJECT. Page 51 of 104 ROADWAY, TRAIL, DRAINAGE, AND UTILITY EASEMENT THIS ROADWAY, TRAILWAY, DRAINAGE, AND UTILITY EASEMENT ("Easement') is executed effective as of April 15th, 2020, by J K & K Group, LLP, a Minnesota limited liability partnership ("Owner") and the City of Oak Park Heights, Minnesota, a Minnesota municipal corporation ("Grantee City"). RECITALS A. As of the date hereof, Owner is the fee holder of certain real property located in the Grantee City at 5676 Oakgreen Avenue North, Oak Park Heights, MN 55082, more particularly legally described on Exhibit A (the "Pro e "). B. Owner intends to grant to Grantee City a permanent, nonexclusive easement over the Property in the area of the Easement Parcel legally described on Exhibit B which easement generally extends over the easterly 33 feet of the Property and is for the purpose of installing, operating, and maintaining a roadway, public trail, stormwater drainage improvements, and utilities dedicated to the public and related structures, which easement is more specifically described herein. C. Grantee City desires to acquire the easement granted herein on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the Owner and Grantee City agree as follows: I. In exchange for the fair considerations as outlined in this paragraph, the Owner grants to Grantee City a perpetual easement on and under the Easement Parcel over the area legally described on Exhibit B to access, install, maintain, operate, and repair a public roadway, public trail/sidewalk, stormwater drainage improvements, and/or utilities and related structures dedicated to the public, (all collectively the "Improvements"). Such structures and appurtenances may be installed above or below ground. This Easement shall also include the right of temporary access to and excavation of the Easement Parcel for construction purposes in order to exercise the rights granted in this Easement, provided, that Grantee City shall use all reasonable efforts to accomplish any construction work in such manner as will cause the least amount of interruption of Owner's continued use of the Property. City and Owner agree that in lieu of a monetary payment to the Owner from the City, the City acknowledges Owner has donated the Easements requested and as outlined herein to the City and the Owner is responsible for determining appropriate fair market value of the donation value, if any, for Owners' purpose. In this manner, Owner agrees it has received fair and complete consideration from the City. 2. Grantee City shall not build or maintain, or permit to be built or maintained, any other structure on the Easement Parcel which obstructs Owner's use and enjoyment of the Easement Parcel of either a permanent or temporary nature, except that Grantee City may install improvements and structures related to the Improvements, at, above, or below grade. Page 52 of 104 3. Grantee City shall be solely responsible for the replacement and repair of the Improvements and other appurtenances relating thereto as described above and shall be solely responsible for the cost of the same. 4. In the event that Grantee City performs any repairs and/or maintenance to Improvements and any appurtenances relating thereto the Grantee shall restore the surface to a clean, level and/or stable condition and shall seed such areas. Beyond the Grantee City's obligations, if the Owner desires, the Owner shall be responsible to restore any other landscaping or any structure on the Easement Parcel or surrounding real estate that may be disturbed or damaged by the construction, maintenance, or other exercise by Grantee City of City easement rights provided in this Easement. The Grantee City shall however be entitled to trim or remove any trees, shrubs, bushes or other plants or any other items on the Easement Parcel that may reasonably interfere with the Improvements. 5. Owner agrees that other than a residential driveway and mailbox, no structures, obstructions, or plantings will be erected or placed on the Easement Parcel, nor will any act be performed by Owner which will interfere with or prevent exercise of the easement rights granted in this Easement. After reasonable notice, if Owner fails to timely remove any said structure, obstruction, or planting, Grantee City may remove and may charge the cost of such removal back to Owner or to any other successor in interest, including placing such charge on the property tax roll as a special assessment. 6. All of the terms, conditions, covenants, and other provisions contained in this Easement, including the benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of and be enforceable by Owner and Grantee City and their respective successors and assigns. 7. This Easement shall be construed and enforced in accordance with the laws of the State of Minnesota. 8. This easement sets forth the entire understanding of the parties and may not be modified except by a written document executed and acknowledged by Owner and Grantee City. 9. The non-use or limited use of the Easement and rights granted herein shall not prevent Grantee City from later use of the Easement and rights to the fullest extent authorized herein. 10. No violation of these restrictions shall result in a forfeiture or reversion of title to the Easement Parcel. 11. If any term, covenant, or condition of this Easement shall be deemed invalid or unenforceable by a court, the remainder of this Easement, or the covenant or condition therein shall not be affected thereby and each term, covenant, and condition shall be valid and enforceable to the fullest extent permitted by law. Page 53 of 104 12. This Easement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument. 13. As a further benefit to the Owner, if the Grantee City desires to improve Oakgreen Ave or install any related elements such as trails and that materially impacts the Owner's driveway along Oakgreen Ave, the Grantee City shall at no further expense to the Owner replace the current gravel driveway at its current location along Oakgreen Ave. with a similar structure and shall complete such structure with asphalt. If the Grantee City elects to make any such improvements to Oakgreen Ave or its related elements, the Grantee City may enter onto the Owner's property for reasonable and temporary construction purposes and shall restore all such impacted areas at no expense to the Owner. 14. The Owner does anticipate the future submission of a redevelopment proposal to the Grantee City, however as of the date of this Agreement that proposal or timeline is not yet identified. At such time a bona -fide proposal is pursued by the Owner, the Grantee City shall act in good faith to review and accommodate reasonable adjustments, as determined by the Grantee City, to the conveyed easement if requested by the Owner. [Signature and acknowledgment pages follow.] Page 54 of 104 IN WITNESS WHEREOF, the parties executed this Easement effective as of the above date. OWNER: J K & K Group, LLP, a Minnesota limited liability partnership By: Name: Its: Managing Partner STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2020, by , the managing partner on behalf of J K & K Group, LLP. By: Name: Mary McComber Its: Mayor STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) Notary Public My commission expires: GRANTEE CITY: CITY OF OAK PARK HEIGHTS, a Minnesota municipal corporation By: Name: Eric Johnson Its: City Administrator The foregoing instrument was acknowledged before me this day of , 2020, by Mary McComber, the Mayor of the City of Oak Park Heights, and Eric Johnson, the City Administrator of the City of Oak Park Heights, a Minnesota municipal corporation. Notary Public My commission expires: Page 55 of 104 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL#:0502920140004 All that part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, described as follows: Commencing at the Southeast corner of said North Half of Southeast Quarter of the Northeast Quarter; thence North along the East line thereof 182 feet to the point of beginning; thence continuing Northerly along said East line 218 feet to a point; thence West and perpendicular to the last described line 200 feet to a point; thence South and parallel to the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point; thence East and perpendicular to the last described line 200 feet to the point of beginning, Washington County, Minnesota. Subject only to liens and encumbrances of record. Map shown for Reference ONLY: Page 56 of 104 EXHIBIT B LEGAL DESCRIPTION OF EASEMENT PARCEL EASEMENT DESCRIPTION A permanent easement for ROADWAY, TRAILWAY, DRAINAGE, AND UTILITY purposes over, under, and across that part of the North half of the Southeast Quarter of the Northeast Quarter in Section 5, Township 029, Range 20, Washington County, Minnesota described as follows: Commencing at the southeast comer of said North half of the Southeast Quarter of the Northeast Quarter; thence North 01 degrees 03 minutes 16 seconds West assumed bearing along the east line thereof, a distance of 182.00 to the point of beginning; thence continuing along said east line North 01 degrees 03 minutes 16 seconds West, a distance of 218.00 feet; thence South 88 degrees 56 minutes 44 seconds West perpendicular to last describe line, a distance of 44.16 feet; thence South 30 degrees 51 minutes 43 seconds East, 15.80 feet thence southerly 13.01 feet along a tangential curve concave to the west having a radius of 25.00 feet and central angle of 29 degrees 48 minutes 27 seconds; thence South 01 degrees 03 minutes 16 seconds East tangent to last described curve, 191.86 feet to a point on the south line of a certain tract described in Deed Document No. 3067333, said Washington County; thence North 88 degrees 56 minutes 44 seconds East along said south line, 33.00 feet to the point of beginning. IMAGE SHOWN FOR REFERENCE ONLY Page 57 of 104 OAK PARK HEIGHTS, MINNESOTA 94.16 ..�... l Yr4 ,V "w o� PID: 05-029-20-14-0004 w m J JJJ rrv- � ]a N v r`7 �TC4 ?T 3J 1 INCH = 50 FEET 33 DD EASEMENT DESCRIPTION fl � A permanent ea7a t for roadway, tailtray damage and ud ity purposes over, under, and across thx Q 8t part ofthe North hatr d the Soedre�[ Quarter I d,e Northeast Quarter in 5 im 5, Township 029, pa L211, Wash lngmn C.m, Minnesota describas ed follows: p F. ti Commencingat the southeastmmer Fsid Noah Uf.1 the Southeastquart tithe Nordreast Qwrter; them Norch 01 degrees 03 minrtes 16 seconds West assumed beamg almy the — lire ti thereof, a digance 01182.00 m the point of beginning; :hence cmtinuing almg mid east line Nosh 41 p, z degrees 03 miniv[es 16 tecmds W-,. distance of 21Feet: thence South 08 degrees nutes 44 mcmds Wea perpendicular m lag describe line, a dig8.00 ance of 49.16 feet; &-- Sorrdr 30 degrees a 51 minutes 43 mounds E—, 15.80 feet; thence southerly 13.0L feet along a —W-1curve cmeve m the trent having a adios of 25.00 feet and cental angle of 29 degrees 49 mi— 27 —1,; S G thence South 01 degree07 minutes 16 x da East tangent to lag IT Bled — 191.86 teat to a 1 "a on the south I- of a certain tract described in Deed Dac r No. 3067333, sad Washngron L County; thence North 88 degrees 56 minutes 44 -da East along mid eouth Ilne, 33.00 Feet m the point of beginning. Page 57 of 104 May 20, 2020 J K & K Group, LLP Jaime Junker, Managing Partner 11550 Stillwater Blvd North Lake Elmo, MN 55042 City of Oak Park Heights 141£8 Oak Park Blvd North Oak Park Heights, MN 55082 To: Mary McComber, Mayor Eric Johnson, City Administrator Dear Mayor McComber and Mr. Johnson, CC: Council Members Chuck Dougherty Carly Johnson Mike Runk Mike UIjegren J K & K Group is pleased to submit two notarized copies of the Roadway, Trail, Drainage, And Utility Easement to the City. We would like to thank Eric Johnson who worked along with the City's legal to provide an agreement that allowed us to donate the easement instead of receiving a monetary payment for the easement. As you will see, Oak Park Heights is very important to our small ownership group and has been for a very Long time. Oak Park Heights has been an important part of my family's life. I grew up at 15207 63'd Street North, raised my family with my wife and purchased our first home at 5312 Ojib Way North, and opened my Certified Public Accounting business where the beautiful New Hall Chfropractic practice is now located. Originally, 5676 Oakgreen Avenue North was purchased for a small CPA business. We later added the 1.5 Acres to the West of the home. We have owned and managed the home for the last twenty years with the ultimate goal of developing the property into a thoughtful, well planned multi -residence property that is aesthetically pleasing, has the striking visual impact of a landmark property for Oak Park Heights that the residents and City can be proud of and be complementary to the neighborhood. As J K & K Group nears submission of a redevelopment proposal to the City Of Oak Park Heights for your review and input, we are proud at this time to donate the easement to the City, and we look forward to working with you and the neighborhood on a plan that all will be proud of, with a density that makes an appealing sense from the start, and speaks to the uniqueness of Oak Park Heights. Thank you Mayor McComber and Council Members for your public service. Sincerely, �o Jaime Junker Page 58 of 104 N 1332115 H19S C u CD M W r3 LL U THIS PAGE INTENTIONALLY LEFT BLANK Page 60 of 104 Oak Park Heights Request for Council Action Meeting Date May 26t1, 2020 Time Required: 10 Minutes Agenda Item Title: LOOKOUT TRAIL — PROPOSAL FOR ENGINEERING SERVICES Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature 44 Action Requested: Discussion — Possible Action. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City has essentially completed the turnback agreement with MNDOT regarding Lookout Trail. We are still awaiting payment of the $1.1 Million and return of a signed document, but we expect that promptly. If the Council does desire to move forward with the reconstruction of the roadway and trail installation in the 2021 construction year it is best to begin that process now. STANTEC has supplied the attached proposal to move that forward including the following elements: Preliminary Surveys, Design Services and Bidding. (see attached). This work will take time and will be completed in November for an early 2021 bid letting. Conceptually, the City's budget is $1.1 million for a complete project wnurx }�5SDAG including all elements, but the above services will provide a better estimate w..oc cY ~SA 51.39 of costs. The City's late 2018 estimate was $1,084,256.94 but has likely ` ,�' ,,,�,Z increased. REQUESTED ACTION: Approve STANTEC PROPOSAL dated May 21St, 2020 for Lookout Trail; as attached. Notes: 1. Not yet a deep part of this discussion as of yet would be reviewing the sanitary system or other utility elements that could be impacted or need to be addressed during this project, staff will be reviewing this matter in conjunction with this initial phase and will report back should further elements need to be added. 2. If, and it is a big if.... The City is able to secure State Bond funds for the Norell Ave. Project, these projects could be bid jointly (alternates embedded) and possibly save some dollars due to scale, but at this time we just do not know of course what the Legislature / Governor will do. 3. The City will want to have some public engagement with the area just after the initial Preliminary Surveys are complete and STANTEC can show a more advanced proposal probably in Sept/Oct. Page 61 of 104 Page 62 of 104 OPINION OF PROBABLE COST BREAK DOWN LOOKOUT TRAIL PROJECT NO. 193804387 OAK PARK HEIGHTS, MN December, 2018 No. Item Units Qty EE Unit Price EE Total Price STREET CONSTRUCTION 1 MOBILIZATION LS 1 $45,600.0 $45,006.06 2 TRAFFIC CONTROL LS 1 $3,200.00 $3,20O.DO 3 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 20 $150.06 $3,000.D6 4 SILT FENCE, MACHINE SLICED LF 2650 $2.0 $5,30O.DO 5 REMOVE STREET SIGN EA 5 $50.00 $250.00 6 REMOVE EXISTING CULVERT LF 230 $10.00 $2,30O.DO 7 REMOVE INTEGRANT CURB LF 2120 $7.00 $14,840.DD S REMOVE BITUMINOUS CURB LF 1806 $3.50 $6,300.66 9 REMOVE ROADWAY PAVEMENT SY 5710 $10.00 $57,100.DO 10 REMOVE DRIVEWAY PAVEMENT Sy 455 $5.00 $2,275.D0 11 SAWCUT CONCRETE PAVEMENT LF 136 $6.00 $1,080.D0 12 SAWCUr BITUMINOUS PAVEMENT LF 50 $4.50 $225.D0 13 REMOVE RIPRAP CY 3 $120.00 $360.DO 14 SALVAGE AND REINSTALL MAILBOX EA 9 $200.00 $1,80O.DO 15 COMMON EXCAVATION CY 2266 59.00 $20,340.DD 16 AGGREGATE BASE CLASS 5, 100% CRUSHED TN 2776 5257.00 $55,400.DD 17 CONCRETE CURB & GUTTER, 8624 LF 4450 526.0 $115,7DO.DO 18 TYPE SP 12.5 WEARING COURSE (3,C) TN 1320 595,00 $125,4W.D6 19 TYPE SP 12.5 WEARING COURSE (3,C), DRIVEWAY TN 75 $190.00 $14,250.DO 20 BITUMINOUS MATERIAL FOR TACK 517AT GAL 290 $3.25 $942.50 21 SIGN PANEL„ TYPE C SF 60 $M.00 $2,100.DO STREET CONSTRUCTION SUBTOTAL $477,1&2.50 STORM SEWER CONSTRUCTION 22 15" RC PIPE SEWER DES 3066 CL V LF 606 $50.00 $30,00O.D0 23 18" RC PIPE SEWER DES 30D6 CL V LF 186 $57.00 $10,266.DO 24 24" RC PIPE SEWER DES 3006 CL III LF 750 $62.00 $46,500.DO 25 15" RC PIPE APRON EA 1 $500.00 $50O.DO 26 18" RC PIPE APRON EA 3 $550.00 $1,650.00 27 24" RC PIPE APRON EA 2 $1,340.00 $2,60O.DO 28 OONSTRUCT DRAINAGE STRUCTURE DES 4007 EA 9 $1,450,00 $9,450.DO 29 CONSTRUCT DRAINAGE STRUCTURE DES 48-4020 LF 45 $290.00 $13,050.00 30 RANDOM RIPRRP CLASS III CY 30 $81.00 $2,430.DD STORM SEWER CONSTRUCTION SUBTOTAL. $116,440.00 TRAIL CONSTRUCTION 31 CLEARING AND GRUBBING LS 1 $9,600,00 $9,000.53 32 COMMON BORROW CY 3780 $6.00 $22,680.00 33 AGGREGATE BASE; CLASS 5, 100% CRUSHED - TRAIL TN 1D66 $110.00 $110,OOO.DO 34 TYPE SP 12.5 WEARING ODURSE (3,C) - TRAIL TN 330 $28.50 $9,405.D6 35 CONCRETE PEDESTRIAN CURB RAMP SF 506 $15.00 $7,5DO.DO 36 TRUNCATED DOME PANEL SF 100 $55.00 $5,500.DO 37 TOPSOIL BORROW (LV) CY 500 $20.00 $10,000.DD 38 ROCK DITCH CHECK EA 15 $300.0 $4,50O.DO 39 EROSION CONTROL BLANKETS CATEGORY 3 Sly 4516 51.30 $5,863.D0 40 SEED MDCTURE AC 1.2 $1,0M.00 $1,200.DO 41 FILTER LOG TYPE WOOD FIBER FILTER LOG LF 2200 54,00 $8,80O.Do 42 4" SINGLE SOLID LINE, WHITE EPDXY LF 100 55.00 $500.DO TRAIL CONSTRUCTION SUBTOTAL $194o94& DO SUBTOTAL $788,550.50 10% CONTINENCY $78,855.05 25% ENG/LEGAVADMIN $216,851.39 TOTAL $1,084,256.44 Page 62 of 104 May 21, 2020 File: 193885119 Attention: Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights MN 55082 Reference: Proposal for Engineering Services — Lookout Trail Dear Eric: This letter outlines the Scope of Services and estimated costs for providing preliminary survey, design and bidding services for the reconstruction of Lookout Trail, pursuant to the turnback of Lookout Trail to the City from the Department of Transportation. The improvements will generally include the removal and replacement of the existing pavement and curb and gutter, the addition of storm sewer piping at various locations and the installation of a bituminous trail on the west side of the road. The total estimated hourly not -to -exceed (without prior authorization) fee for design and bidding is $79,600, including expenses. Additional services by others have been identified for geotechnical investigation services. A proposal for construction services in 2021 will be forwarded for the City's review at the end of the design phase. The design and bidding services for this project would consist of the following tasks: Task 1 — Preliminary Survey Preliminary Survey (if needed) — Collect existing topographic information needed for final design. Coordinate Gopher State One Call process. Includes initial survey (3 -days) and one follow up visit if needed. If the Department of Transportation can supply the original topographic survey, this item will be reduced as applicable. Task 2 — Design Services • Project Kick -Off— Meeting with City staff to confirm elements to be included in the project. • Prepare one final design and set of construction drawings based on results of kick-off meeting. • Prepare specifications. • Progress meeting — meeting with City staff to review plans and updated cost estimate at 30% status. • Progress meeting — meeting with City staff to review plans at 90% status. • Prepare final opinion of probable construction cost at 100% plan status. • Obtain Watershed and MnDOT permits as applicable. Page 63 of 104 Task 3 — Bidding Services • Package Bid Documents • Issue ad for bids • Answer contractor questions • Issue addenda if necessary • Attend the bid opening • Review the bids • Compile the tabulation of bids • Prepare award letter/recommend award of project The fees for the tasks outlined above are as follows: Task 1 — Preliminary Survey $8,200 Task 2 — Design Services $66,200 Task 3 — Bidding Services $3,700 Expenses $1,500 Total Estimated Fee $79,600 Estimated Additional Services — Geotechnical Investigation $5,000 Proposed Schedule A possible schedule for the project is as follows: May 26, 2020 Authorize Design December 8, 2020 Approve plans, authorize bidding January 28, 2021 Receive bids February 9, 2021 Review Bids, Award Contract May 2021 Begin Construction November 2021 Substantial/Final Completion This letter and scope of services represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. Page 64 of 104 If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and return one copy to our office. Thank you for the opportunity to provide these services. CITY OF OAK PARK HEIGHTS By Print Name and Title Date If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact me. Regards, Stantec Consulting Services Inc. MN, WI, CA Principal Phone: 612-712-2085 Lee.Mann@stantec.com Attachment: Attachment c. file Page 65 of 104 THIS PAGE INTENTIONALLY LEFT BLANK Page 66 of 104 Oak Park Heights Request for Council Action Meeting Date May 26th, 2020 Time Required: 5 Minutes Agenda Item Title: Temporary Bus Parking — Stillwater Area High School Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Discussion, Possible Action. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo and documentation. Page 67 of 104 City of Oak Park Heights 14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 5-22-20 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: School Bus Parking— 2020 request Summary: The School District (the District) is seeking temporary permission to locate its contracted bus fleet to the High School parking lot from May 27th to July 3rd 2020 — a total of 36 calendar days. Please see their enclosed letter dated May 19th, 2020 (Exhibit 1) This need is due to a transition gap from the current location in Lake Elmo that is in dispute. As City Staff understands it is that the current location lease expires before the new site is available. They indicate that the "fleet" generally consists of 35-50 buses. What are the specific review parameters that the City can use to consider this? Ideally, this would probably be reviewed under an Interim Use Permit (IUP) parameter, however given the timing of need this would not be workable as it requires public hearing and a deeply formal process. However, even then IUP are typically not in place for such a short duration — so perhaps that could be odd. Instead, it could possibly be considered under City Ord. 1116.02 B. (See Enclosed) This ordinance does provide for some reasonable latitude by the Police Chief, but in this situation, such request is significantly larger in scope—versus some small site or very short-term length, therefore Staff believes it that needs Council review. Site Review: Per the City requirements found under CUP Amendment, the District is required to hold 1,209 parking stalls for its uses. This has been complied with to date to the best of the City's knowledge, however none of it included bus storage. Based on the limited Submission data, STAFF ESTIMATES that proposal will consume approximately — at a maximum - 521 stalls, leaving 688 to be used for the 36 -day period. Should this be during the regular school year, this proposal would be unrealistic as much of these spaces are utilized for student parking. However, during the summer months, the spaces would not be as critical. However, the short-term parking of school buses on a school facility in these circumstances would seem to be reasonable for a short-term period. The site is already paved and used as a parking area. There does not appear to be any immediately apparent conflicts. Page 68 of 104 Recommendation: Staff would recommend to the Council that this request be approved as it generally does not offer any major conflicts nor burden other parking parameters under the timeline proposed. We would offer that it be subject to the following conditions: Conditions of Approval: 1. The placement of the fleet at the site will not result in any OFF-SITE shifting of other parking needs for any other District entity, user, visitor, student or any other party. 2. Fleet may be operated with some regularity from the Property — but limited to Nutrition Services, Summer School Program and field trips. A final parking and routing plan shall be provided if differentfrom the enclosures - (supplied in 2019). 3. No regular fleet maintenance may occur at the Property. 4. That the entire fleet is removed from the Property not later than July 10th; no further permissions are granted. This gives one week extra time to perform the reloaction. 5. A final agreement outlining and accepting these conditions shall be executed by the District. 6. The City may revoke this permission at any -time if the City deems the District is violating the terms of the Conditions herein. Upon such revocation, which shall be provided in writing from the City, the District shall remove the fleet from the Property and out of the City within 48 hours at its sole expense. Further, the violations found in City Ord 1116.04 shall be applicable following that 48-hour period. Page 69 of 104 �t Stillwater AREA PUBLIC SCHOOLS May 19, 2020 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Dear Mr. Johnson, Independent School District 834 1875 South Greeley Street I Stillwater, h4 nnescta 55082 Tel: 651.351.8340 I fax. 6,51.3151.8380 www.stillwaterschools.org Stillwater Area Public Schools will be transitioning our school bus maintenance facility from the current location at 11530 Hudson Blvd. North, Lake Elmo, MN to another bus facility which is currently under negotiations. The District owns the current bus maintenance facility and has been informed by the City of Lake Elmo that our CUP has been revoked and will need to vacate the premises by May 29, 2020. While finalizing the contract with another bus maintenance facility, it has come to realization that we will need a temporary parking area for the fleet of school bus vehicles (35-50) that serve Stillwater Area Public Schools. It is the District's request to utilize our parking lot at the Stillwater Area High School, 5701 Stillwater Blvd North, Stillwater MN for a solution to the temporary school bus parking issue. The request is temporary and would be from May 27, 2020 thru July 1, 2020. The timing of the request coincides with a lower parking lot demand and would accommodate parking needs for the building and field activities. Fleet maintenance, fueling and washing would be prohibited at the Stillwater Area High School. This request would facilitate bus operations for our Nutrition Services, summer school program and field trips during the temporary timeframe. Your consideration in working with the District to resolve this issue is greatly appreciated. Respectfully, iz4a� Dr. John Thein Interim Executive Director of Finance & Operations 651-483-1385 (home) 651-503-2748 (cell) Afton -Lakeland Elementary, Andersen Elementary Brookview Elementary, Early Childhood Family Center, Lake Elmo Elementary, Lily Lake Elementary, Oak -Land Middle School, Rutherford Elementary St. Croix Valley Area Learning Center, Stillwater Area Nigh School, Stillwater Middle School, Stonebridge Elementary Page 70 of 104 A -f achme-n4 "t i irt pd rflt-�, STILLWATER AREA Larson S__ BU PARFrgmwrini, dna g gLVD N PUBLIC SCHOOLS A1 IL 811UJAY17Bt, SfILLNMTFR, MN, fi60l2 ��,w,po� 7 Of rj Or..�..+......r�r age t 04 'Dr i Ver a w - j d x. • ti w � � uta `'�i 4 � � ', � �' � �• � ` � =.� ��>� ti. r. t 9, r J -� t w _ IRS tq Ln � mm 10 t ^ 77, 00 w� m m �j M1 i I ` i .... .• a ��^ !I{'!� r , i W I� oi9r�it��i�o�� 1r" ' r 1 d i ?i t z « r�� f ml rt .. i wt r Iq, , _ t w a 1116 AN ORDINANCE REGULATING THE OPERATION AND PARKING OF MOTOR VEHICLES ON PRIVATELY OWNED PARKING LOTS AND AREAS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1116.01 Maximum Speed. No person shall operate a motor vehicle on any privately owned parking lot or area within the City at a speed greater than is safe and reasonable under the conditions of traffic then existing therein, and in no event shall any such vehicle be operated in excess of a speed of fifteen (15) miles per hour. All operation and driving of motor vehicles on such parking lots shall be done in a careful manner so that no sudden starting or erratic movement of such vehicle is deliberately engaged in by the driver. It shall be unlawful for any person to operate any motor vehicle upon such lot in any manner that would constitute careless driving if done on a public street. No person shall engage in any drag racing or exhibition driving on any such parking lot or area. 1116.02 Parking of Vehicles. A. The parking of vehicles on such lots shall conform to the marking of stalls or positions for parking which are designated on the surface of the parking area and no vehicle shall be parked or allowed to stand in the area of the parking lot which has been so designated or is used as a lane for moving traffic so that such parking will interfere with the moving of traffic therein. B. No vehicle shall be parked for a continuous period of time longer than twenty-four (24) hours in any parking lot or area except that for good cause shown, the Chief of Police for the City of Oak Park Heights may, on application of the property owner and /or business operator adjacent to the parking area, allow parking of specified vehicles for period of time in excess of twenty-four (24) hours. 1116.03 Notice of Collision. In the event that any person who drives a motor vehicle upon such a parking lot or area becomes involved in a collision between the vehicle he is driving and any other vehicle or vehicles, parked upon said lot, such driver shall leave a notice upon each unattended vehicle with which he has collided, giving his name, address, and license number. Failure on the part of any person to comply with this section shall constitute a violation of this Ordinance. Page 73 of 104 1116.04 Violation and Penalty. Any person violating this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Seven Hundred Dollars ($700.00) or by imprisonment not to exceed ninety (90) days, or both. 2 Page 74 of 104 Oak Park Heights Request for Council Action Meeting Date MAY 26th, 2020 Time Required: 5 Minutes Agenda Item Title: Consider Appointments to Xcel Energy Advisory Panel Agenda Placement New Business Originating Department/Request�or Eric Johnson, City Administrator Requester's Signature ez: " " Action Requested Discussion, Possible Action. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): UPDATE: Please see the attached memo and related data; please recall that in April the Council did approve all the Organization members but to date has yet not re-engaged the "public" members - the City has seven applicants. The enclosed memo outlines various options - for the CITIZEN MEMBERS. The timing is not absoluetly critical as of this date, but will come at some point. Page 75 of 104 City of Oak Park Heights 14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 4/21/20 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Allen S. King Plant - Advisory Panel Appointments The City has received a number of responses to its inquiry to be appointed to serve on the Advisory Panel. I have broken these down into TWO GROUPS, However, in both cases, if these persons and organizations remain acceptable to the Council, the Council — consistent with the established Advisory Panel Policy, may approve such appointments — all appointments must be by unanimous consent. ATTACHED IS THE LISTING. GROUP - Directly Invited ORGANIZATIONAL Groups: The City has received a number of nomination forms for the Advisory Panel; each of these are attached. The attached page includes a listing of those Nomination Forms received and those remaining absent. GROUP - Citizen Members - Applications: • As of 4/16/20 the City has received seven (7) applications from City residents. Each of which outline valuable rationale for their service and offer quality backgrounds. The Council did initially outline that it shall appoint three (3) persons to this Panel. Conceivably the Council could hold interviews with each person and/or seek additional data - interviews would not be unlike what occurs at the Planning and Parks Commission when new members are considered. • Alternatively, the Council may appoint all of these persons as it will add a negligible number of people to the Panel and not over -burden the City's consultant. This possibility was contemplated for in the approved Policy — item #20. Moreover, not all entities responded to the invitation in the Group above. 26. 17iree (.i) At -Large Members (may be either City residents, or business ok*-ners) may be invited to senve on the Panel. Interested individuals shall subntit a letter and application to the Council explaining their role in the connnuility and intcresl in scr%,in on lite Aldvisory, Panel. Dcpendine. nn lite level of i.ntcn'st, lite Couneil nun- choosc to decrease; or increase the number ofat-large ntcnthcrs. • Or, if the Council desires to randomly select from this pool of persons it could certainly do that too. Co -Chairs of Advisory Panel: Lastly, there was discussion of appointing Tim Freeman and Gina Zeuli as participating CO -Chairs. The Council should take affirmative action on this matter. Page 76 of 104 UPDATED 4/21/20 Organization NOMINATED PERSON NOTES City of OPH Planning Commission (1 member) David White Jennifer Van Dyke is Alternate City of OPH Parks Commission (1 member) Judith Chrihart Randy Thoreson is Alternate Xcel Energy Collette Jurek & Brain Behm Brian Behm is Plant Manager Washington County CDA Chris Eng The St. Croix River Association Deb Ryun Watershed District- MSCWMO Brian Zeller Andersen Corporation HAVE NOT HAD A RESPONSE YET City of Bayport— MUST BE A NON — ELECTED OFFICIAL HAVE NOT HAD A RESPONSE YET City of Stillwater - MUST BE A NON — ELECTED OFFICIAL Tom McCarty Minnesota Department of Natural Resources Jim Levitt Minnesota Department of Transportation Adam Josephson Greater Stillwater Area Chamber of Commerce Robin Anthony National Park Service Julie Galonska Stillwater Area School District Denise Pontrelli Still waiting Student Member data Coalition of Utility Cities HAVE NOT HAD A RESPONSE YET Sierra Club HAVE NOT HAD A RESPONSE YET Center for Environmental Advocacy Kathryn Hoffman Union Pacific Railroad HAVE NOT HAD A RESPONSE YET Minnesota Commerical Assoc. of Realtors HAVE NOT HAD A RESPONSE YET Citizen Members / Applications Received Citizen Application Tim Axel Citizen Application Jim Kremer Citizen Application Tim Holden Citizen Application AJ Paron Citizen Application John Regal Citizen Application Larry Schneider Citizen Application Kate Hanson Page 77 of 104 t-% LJ llr I LV L1 L.I/LV 0 CITY OF OAK PARK HEIGHTS POLICIES RELATING TO THE ALLEN S. KING PLANT DECOMMISSIONING AND REUSE ADVISORY PANEL — APPOINTMENTS AND ROLES PURPOSE: The City Council desires to appoint an Advisory Panel to inform and support the City Council's decision making regarding the future of the Allen S. King Plant. The following policy shall govern the formulation of this group, describes its role and relationship with the Council and what the expectations are from participating members. Invitation to Serve on the Advisory Panel: The City desires participation from a number of parties generally known in the community with an apparent stake or clear interest in such dialogue and which includes the organizations listed below. These entities will be sent a Letter of Invitation to participate in the City's process and such invitation shall be signed by the Mayor and every Council member. Each group, or organization if they desire to participate shall nominate a SINGLE representative, who is expected to be available to attend 10-12 monthly meetings. The City's desire is that such person would generally relay the views of the organization they represent where possible. All members so appointed shall be reviewed and approved by unanimous consent of the City Council. 1. City of OPH Planning Commission (1 member) 2. City of OPH Parks Commission (1 member) 3. Xcel Energy 4. Washington County CDA 5. The St. Croix River Association 6. Watershed District - MSCWMO 7. Andersen Corporation 8. The City of Bayport — MUST BE A NON — ELECTED OFFICIAL 9. The City of Stillwater - MUST BE A NON — ELECTED OFFICIAL 10. Minnesota Department of Natural Resources 11. Minnesota Department of Transportation 12. Greater Stillwater Area Chamber of Commerce 13. National Park Service 14. Greater Stillwater Area School District - MUST BE A NON — ELECTED OFFICIAL- (2 seats one must be a HIGH SCHOOL STUDENT expected to be able to serve through the term of the discussions) 15. Coalition of Utility Cities 16. Sierra Club 17. Center for Environmental Advocacy 18. Union Pacific Railroad 19. Real Estate Group — TBD (such as the SPAAR ... https:Hspaar.com/ ) St. Paul Area Association of Realtors 20. Three (3) At -Large Members (may be either City residents, or business owners) may be invited to serve on the Panel. Interested individuals shall submit a letter and application to the Council explaining their role in the community and interest in serving on the Advisory Panel. Depending on the level of interest, the Council may choose to decrease or increase the number of at -large members. Locally Elected Officials are precluded from serving on this Panel where they directly represent a given city, school district, county's interest. In the case of these public organizations the appointment of staff, volunteers, or other appointed officials to their respective bodies is requested. For example: The City of Stillwater may appoint their Planning Commission Chair who is a non -elected person but is appointed by the City Council. In circumstances where there is a "joint -powers" organization such as the MSCWMO or WCCDA, appointment of Staff or Non -elected officials is preferred. However, this may result on overtime expenses or budgetary constraints that may preclude participation. If such staff or other volunteer is not available and if such JPA board members are elected individuals and are available, the City Council may evaluate these on a case-by-case basis so as to ascertain their underlying entity and relationships. Any person so appointed would be expecEWI(yok" represent the joint -powers entity, not their primary jurisdiction. Appointment of Co -Chairs: The City Council also desires the appointment of CO-CHAIRS positions so as to better ensure continuity of the process in the event one person cannot attend. The role of the "co-chair" is to ensure the meetings move forward and to facilitate the discussion and presentations and in allotted time. In all respects, the CO-CHAIR position acts only as manager to ensure the process remains vital and fluid and not to advocate for any given position. The Mayor or a Council Member may nominate and the Council shall appoint up to two co-chairs, any such appointment shall be by unanimous vote of the City Council. If no chair(s) can be determined, the Panel shall be managed by City Staff or City Consultant until such time as a CO CHAIR can be found. A CO-CHAIR may be removed from the Panel by simple majority of the Council. The appointed CO -Chair individuals may or may not be otherwise listed in the invited participation listing stated above, if not listed they shall become full members of the Panel once appointed. Further Expectations of the Advisory Panel: The meetings are generally anticipated to be a method by which Panel Member can avail themselves of the best available information regarding the many facets of regulations, challenges and opportunities related to this site. Fundamentally, few — if any, decisions are expected to be made by the Panel itself. As the discovery process unfolds, all members of the Advisory Panel are expected to follow a Code of Conduct that will be provided by the City and which will outline rules of discussion and how any collective recommendations might be made. All members serve at the pleasure of the City Council and the City Council may amend the number of participants or which participants at any time at its sole discretion. Guests & Public Visibility: The City would expect to invite elected or appointed officials to attend the meetings — not as a panelist, but instead offer them an opportunity to listen and gain more information as to what is being accomplished. These guests would include: Metropolitan Council Sector 12 - Board Member Local legislators, MPCA, and other governmental organization representatives. Guests will be welcomed at meetings and materials will be shared with them, as supplies permit. Otherwise copies will be available for download from the City Website. The general public is also welcome to view and listen to these meetings as space allows, but such meetings are not PUBLIC HEARINGS and data presented and dialogue held is for the primary benefit and consumption of the Panel Members. City Council Role: Oak Park Heights elected officials may not serve on the Advisory Panel as the work of the Advisory Panel is intended to support the Council in its decision making regarding the future of this property. The Council will be fully briefed by the Consultant, following every working meeting. The Council will have the opportunity to either accept and embrace Panel recommendations, or direct course corrections, as needed. As it relates to City Council general interface with City Consultants, these communications should be channeled through City Staff similar to current City protocols. Page 79 of 104 IXGUT li►"Il[We afflAl dI City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel. Name of Organization: n T) o 7` Nominee of Organization: AD.4yv\ o S 1� Sea Role of Nominee in Organization: AE - 1)1.4.,V,46,gZ Number of years in such Role: /0f Contact Information of Nominee: Address: /5-66 ` Email:+� ,y� l 1 Scr t• � ,, n -w Phone: ) 1 Z3 41 — 77 ! y By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant Decommissioning and Reuse Advisory Panel that will act as a general guide. Please complete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention of. Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnson@cityofoakparkheights.com Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439. Page 80 of 104 NON-UNATION ION f+t`ERM City of Oak Park Heigbts Allen l Prot I) ccunuuis6)ninr and Reim, :' dvisur�' Panel. Name of Organization' Nominee of Organization: Role o1'1'ticawhiec iLn org ar-], a!1011, '-K-cc . `x Number of years in such Rcle: I �- Contact Information of Nominee: Address: -?n ,,, V5 Email: rulan ' r7Criiyytic�V6.t Phone: By submission t)f fhisT-(-)RM yOur (Ii-ganizatlon is oftring il" NILp otl Irl. ilia: ];1cii, idulil it) Iili1111'a 'ly represUnt the ?'CLIc ill goals and of such 01, anizatio n 1hi-OULIlWHI SLWiL Please review the attached City 1 e lit~ - L'clatuc to [lie =Alar S. King Planl g .atyci lel USk; Advisory Panel tliat v:'id „cf a-,. a 6?er]cy al guldu. Please compictu this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention of: I.: IG.?:�h;pti4ln, 010 ALllll_lii,411'JLor 1 11O,: DA Piirl; RI-aal N. on,, Pl -k I IL_Whi;, \IN 55082. OR tneajohnson'i4;eityo fcaL-parlcbeights_com Shot�lcl you have anv qULSIJUMa Plea;e reach out to Eric Tohnsoa, City Administrator at 651-439-4439. Page 81 of 104 NOMINATION FORM City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel. Name of Organization: Minnesota DNR Nominee of Organization: Jim Levitt Role of Nominee in Organization: Assistant Area Fisheries Supervisor - East Metro Number of years in such Role: 6 years in current role Contact Information of Nominee: Address: 1200 Warner Road Saint Paul, MN 55106 Email: jim.levitt@state.mn.us Phone: 651-259-5819 By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant Decommissioning and Reuse Advisory Panel that will act as a general guide. Please complete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention of: Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnson@cityofoakparkheights.com Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439. Page 82 of 104 NOMINATION FORM City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel. Name of Organization: PA'ES tf' SE. Cno tx W 0Ay Nominee of Organization: 6 c t -t, F-ite-r- Role of Nominee in Organization: Number of years in such Role: Contact Information of Nominee: Address: , Vjr*'s Email• 6 7.L�� P� l� CL � M� , rt �,` Phone: (9 (7— sD ?�>K By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant Decommissioning and Reuse Advisory Panel that will act as a general guide. Please complete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention of: Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnson@cityofoakparkheights.com Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439. Page 83 of 104 NOMINATION FORM City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel. Name of Organization: Nominee of Organization: LD-e,nis.e, T6-,--t9t W Role of Nominee in Organization: Number of years in such Role: Contact Information of Nominee: Address: t6 l Email: Phone: (.6 _ 35i _ T,30l By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant Decommissioning and Reuse Advisory Panel that will act as a general guide. Please complete this NOMINATION FORM and return it to the City not later than April 10th, 2020 to the Attention o£ Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnson@cityofoakparkheights.com Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439. Page 84 of 104 E71 NOMINATION FORM City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel. Name of Organization: 6"Cc-fel- C;7 -k I LLP r inee of Organization: Role of Nominee in Organization: c u+ �( D) Number of years in such Role: `4rs Contact Information of Nominee: Address: 0v Lo s4 r) tc+ �L 'x)u P Y- Email:-kt(Q{2c+C'�S7j�WGI Chu rr'-bg Phone: 131—!Y00 j By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant 1 _ c ,i it ,, issioning and Reuse Advisory Panel that will act as a gencral guide. Please complete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention of. Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnsonCcityofoakparkheights.com Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439. Page 85 of 104 NOMINATION FORM City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel. Name of Organization: A" / W -e4Z1-1Ak�� Nominee of Organization: --Tr—,nt Rd &U* Pole of Nominee in Organization: i Number of years in such Role: Contact Information of Nominee: Address: L� I�� `T ick. A Email: % f'n ai p- &, � • /� �'�' Phone: w S z130 -Q&,0 By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant Decommissioning and Reuse Advisory Panel that will act as a general guide. Please complete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention o£ Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnson@cityofoakparkheights.com Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439. Page 86 of 104 NOMINATION FORM City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel. Name of Organization: Ala -Nona ( 1 --?rk S P rvo're. S -f- CG i y f Je4-'tonctS Cf'%1 r `G r VP! WrL� Nominee of Organization: C zlonSlc� Role of Nominee in Organization: S& ker,,n fen dee f Number of years in such Role: Contact Information of Nominee: Address: 4/01 pl. Ma M r,1 S 0-dix Fos w) 5gvz . Email: U e-- c{ionS kt n Phone: / 5y 3 70 By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant Decommissioning and Reuse Advisory Panel that will act as a general guide. Please complete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention of: Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnson@cityofoakparkheights.com Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439. Page 87 of 104 NOMINATION FORM C.'i1v of flak Park, 1Ieiglitr Allen S. Kim, Plaw Deconimis6oning and Reuse Advisory Panel Name of Organization: 4 Nominee o`-Ortanixaiicyn Role of Nominee in Organization: Number of years in sueh Role: Contact Information of Nominee: Address: f fl'f'f IV, ��1 r Vo/a/',, a r t ' Email: , phone. (d'1 fiiti FOR VT yourorgan:zatluri is offering; its suppoil for the named individual to fiu lAlly r'Gj)1-4.5c:711 11i;: t :: ia;rE„ "-oak .end interests ofsuch organization througliout such praccs$. 1'iti7sc rcviti,4 11,w7111.ic'f;cd ('ilp M`,;i(:ics rc kited to the Allen S. King Plant Decommissioning and Reuse Advisory F;wc:l 11:x:1 w!11 ;wz <-s ,i-vr,cs-al cuitie. Please corn plete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the Attention of Eric lc)hrnsnn, City Adminiso-ator 14168 flak Park Blvd N. Oak Park Heights, DVEN 55082 OR Lo: ea�ohnson(ci}cityoiirakpt�il i c:it�l t ,�.. ati� Should you have any questlors -C 11-11 0111 111 ["FIC 141111 u, L'11 -y Adi-i Mn!�h:�rCca; tial 65 1-130-11 3Q. Page 88 of 104 NONUNA City of Oak Park Heights Allen S. King Name of Organization: Nomineeof 0r am dation: C.ole*e- �wyr- and Y! Cs" ��hm. KinA Plan+ biYLe:Ior Role of Nominee in Organization: Maw er — I-OCaI AoveYnwer& a "dn5 ancT EConomi C✓ v<<epr►�nt Number of years in such Role: /, � .'- Contact Information of Nominee: Address: //OJT Kiina Plan+ Ro-aA Email: bYian. behm@ Xce)mn my, 0-0 W) Phone: and Reuse Adviso anel. By submission of this FORM your organization is offering its support for the named individual to faithfully represent the general goals and interests of such organization throughout such process. Please review the attached City Policies related to the Allen S. King Plant Decommissioning an Reuse Advisory Panel that will act as a general guide. Please complete this NOMINATION FORM and return it to the City not later nd 1 Attention of Eric Johnson, City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 OR to: eajohnson@cityofoakparkhei ts.co Should you have any questions please reach out to Eric Johnson, City Admini-439-4439. l pa , DP 10pf`u Newsletter Page 19 City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel APPLICATION PAGE NAM E DATE Lr, L/`fD A 9-' NceAk- ADDRESS PHONE E-MAIL To provide the City Council with an understanding of you, your Background and your interests, please an wer the following questions (you may attach an extra sheet if necessary):�"I .-5 HOW LONG HAVE YOU LIVED IN OAK PAR HEIGHTS? OCCUPATION: po PRIOR EXPERI ON CITY COMMISSIONS, CITY BOARDS, ETC: Baa 't- N)(e," �- GkT-j(.19- �-- a, --CMV---X \ lv7 C k U I t-1yl v tlrz0sS PLEASE PROVIDE A SUMMARY OF WHY YOU WOULD LIKE TO BE APPOINTED TO THE ADVISORY PANEL? u i`'l- w rnfry, l% " Q- k 0J f3 I.S�TfH�ERE ANY OTHER INFORMATION YOUWOULD `L'IKEIUS TO ONSIDER REGARDING THIS fAPPOINTMENT? Yy o pe VN 1 fa[? i` Please return to by Aoril 102020 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Stillwater, MN 55082 Page 90 of 104 Newsletter Page 19 City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel APPLICATION PAGE NAME, ..._. ..._ _ ..- • - •---••- •--•- ADDRESS PHONE E-MAIL 3 DATE To provide the City Council with an understanding of you, your background and your interests, please answer the following questions (you may attach an extra sheet if necessary): HOW LONG HAVE YOU LIVED IN OAK PARK HEIGHTS?�� OCCUPATION: _.._ 4 -t 7-01cle-llfY,MD. r, �� �2f� PRIOR EXPERIENCE ON CITY COMMISSIONS, CITY BOARDS, ETC-. iv� 64 014) iE_-V,/4J 14-,o A/ 41-6 CAW PLEASE PROVIDE A SUMMARY OF WHY YOU WOULD LIKE TO BE APPOINTED TO THE ADVISORY PANEL? cr. Y ,v'/ L ilk IS THERE ANY OTHER INFORMATION YOU WOULD LIKE US TO CONSIDER REGARDING/THIS APPOINTMENT? /e e Please return to by Aoril 10. 2020 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Stillwater, MN 55082 Page 91 of 104 NewsIetter Page 19 NAME &= 5at 3 . ADDRESS ixk Heights ig Plant teuse Advisory Panel ►N PAGE PHONE E-MAIL '3 1 ) . U f L�" - DATE To provide the City Council with an understanding of you, your background and your interests, please answer the following questions (you may attach an extra sheet if necessary): HOW LONG HAVE YOU LIVED IN OAK PARK HEIGHTS?4- OCCUPATION:t PRIOR EXPERIENCE ON CITY COMMISSIONS, CITY BOARDS, ETC: A. r PLEASE PROVIDE A SUMMARY OF WHY YOU WOULD LIKE TO BE APPOI _;I_ TO PANEL? !N1 =' M IS THERE ANY OTHER INFORMATION YOU WOULD LIKE US TO CONSIDER REGARDING THIS APPOINTMENT? Please. return to by Aoril 10. 2020 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Stillwater, MN 55082 Page 92 of 104 lie" stetter Page 19 City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel APPLICATION PAGE - - A:: aN-, - —z It, /-��� C3 NAME DATE ADDRESS [� n PHONE E -MAI To provide the City Council with an understanding of you, your background and your interests, please answer the following questions (you may attach an extra sheet if necessary): HOW LONG HAVE YOU LIVED IN OAK PARK HEIGHTS? OCCUPATION:-:v�tz�,�' PRIOR EXPERIENCE ON CITY COMMISSIONS, CITY BOARDS, ETC: -\J h? y��Z.(L'� PLEASE PROVIDE A SUMMARY OF WHY YOU WOULD LIKE TO BE APPOINTED TO THE ADVISORY PANEL? IS THERE ANY OTHER INFORMATION YOU WOULD LIKE US TO CONSIDER REGARDING THIS APPOINTMENT? ✓ L� i w�`� ' �i�i N'�- l,� � �`� `��I� L' �L-'?Sj�`•"� , �L—%'Stn(\ /�1s�jp Please return to by April 10, 2020 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Stillwater, MN 55082 Page 93 of 104 City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel 1. Name/address/contact: John Regal 5690 Newberry Ave N Oak Park Heights MN 55082 651-260-1363 johnre ag ll3gicloud.com 2. My wife Barb and I have lived in our current house in Oak Park Heights for seven years. 3. I am Senior Director of Public Affairs for Securian Financial in downtown St. Paul (see attached bio). 4. I served 12 years on the board of the St. Paul Port Authority, including two years as Board Chair. The SPPA was formed over 90 years ago to manage the Mississippi River harbor in St. Paul. Now, the SPPA manages four ports and 17 inland business centers. The SPPA is St. Paul's pre -imminent economic development agency. I also served on the board for the St. Paul Riverfront Corporation. Our task was to carry out the vision of making the 26 miles of the Mississippi River in St. Paul an excellent "working river" but also more accommodating to the public for living & recreation. Please see attached bio for other board service. The completion of the St. Croix bridge crossing in 2017 was monumental for the entire St. Croix Valley. I would argue that the decommissioning and reuse of the Allen S. King plant site is equally, if not more, impactful for the Valley....it certainly is for Oak Park Heights. Oak Park Heights and other communities continue to thrive because they grow and evolve with the appropriate balance of industrial/light industrial, commercial and residential tax bases. Successfully re -purposing a large industrial site is not easy. When it's located on a pristine river, it becomes really complex. But if done correctly with the proper vision and execution, they can be transformative. I've experienced this in St. Paul. I'd like to learn more, provide assistance and hopefully experience this in Oak Parks Heights too. 6. I've been employed with Securian Financial for 21 years. Previously, I spent 10+ years with the City of St. Paul working with three Mayors. Each had visions for the River. I've done my time in the Public Sector! 7. Please contact former SPPA President Louie Jambois (651-295-3596) or current SPPA President Lee Krueger (651-204-6226) for references. Page 94 of 104 oX0 securian FINANCIAL John D. Regal Senior Director, Public Affairs John is the Senior Director of Public Affairs for Securian Financial. He currently serves on the Minnesota Insurance and Financial Services Council Board of Directors. Experience Previously, John was Director of Risk Management, Business Continuity and Local Public Affairs for Securian. Prior to joining Securian in 1998, John spent over 10 years in various capacities within the City of St. Paul Department of Finance. Education • Bachelor's degree, Carlson School of Management at the University of Minnesota • Master of Business Administration, University of St. Thomas • Associate in Risk Management, Insurance Institute of America Community John is the past chair and current board member of Sargasso Mutual Insurance Company, a Bermuda -domiciled group insurance captive. He was a member of the Risk Management Committee that advised the 2018 Super Bowl Host Committee and is a two -term past president of the Minnesota Chapter of the Risk and Insurance Management Society (RIMS). John is a member of both the University of Minnesota's Leadership Council and the President's Club. He is past chair of the St. Paul Area Chamber of Commerce board of directors, the Chamber's political action committee and past chair and board member of the St. Paul Port Authority. Securian Financial is the marketing name for Securian Financial Group, Inc., and its affiliates. Securian Financial Group, Inc. securian.com 400 Robert Street North, St. Paul, MN 55101-2098 ©2019 Securian Financial Group, Inc. All rights reserved. F72427-30 5-2019 DOFU 8-2018 836600 0 Office: 651-665-3467 Mobile: 651-260-1363 john.regal@securian.com Page 95 of 104 NI TtwsSetter Page 19 J c"3 APPLICATION PAGE NAME f DATE y ADDRESS PIC I PHONE E-MAIL To provide the City Council with an understanding of you, your background and your interests, please answer the following questions (you may attach an extra sheet if necessary): HOW LONG HAVEYOULIVED IN OAK OCCUPATION: PRIOR EXPERIENCE ON CITY COMMISSIONS, CITY BOARDS, ETC.- Aft TC:Aft e - PLEASE PROVIDE A SUMMARY OF WHY YOU WOUL9 LIKE TO BE APPOINTED TO THE ADVISORY PANEL? 1 V-1 epi % - tt"Af-1 cam' IS TH9E ANY OTHER/INFORMATION YOU WOULD LIKE 9TO NSIDER REGARDING THIS APPOINTMENT? i hL'�V�1 t1L�r'L i 1�J.Ti�- G•�L. 1 CCf��// %"tJ Please return to by April J.O. 2020 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Stillwater, MN 55082 Page 96 of 104 r Newsletter NAME ADDRESS City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel APPI.IC-ATION RkGE DATE -7-5 74: le- � 2 PHONE E-MAIL I?age 19 To provide the City Council with an understanding of you, your background and your interests, please answer the following questions (you may attach an extra sheet if necessary):���/` HOW LONG HAVE YOU LIVED IN OAK PARK HEIGHTS? r 6�y���/� OCCUPATION: PRIOR EXPERIENCE ON CITY COMMISSIONS, CITY BOARDS, ETC: PL SE PROVIQ�ASUMMARY OF WHY YOU WgULD LI�O BE APPOINTED TO THE ADVI r 0 a s% e'.^ V4 Q RY ANEF�%�� " IS THERE ANY OTHER INFORMATION YOU WOULD LIKE US TO CONSIDER REGARDING THIS APPOINTMENT? Please return to by Agril 10, 2020 � Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Stillwater, MN 55082 Page 97 of 104 Kate Hanson 5841 Oakgreen Ct. N. Oak Park Heights National Park Service Experience St. Croix National Scenic Riverway • Chief of Resource Management • Chaired Lower St. Croix River Planning Task Force (interagency, public, private) • Represented NPS with groups such as MNDOT/WISDOT St. Croix Bridge Crossing Advisory Committee, Upper and Lower St. Croix Planning Commissions, Indian Fish & Game Commission, St. Croix Watrshed Research Group, various meetings with local governments regarding NPS interests. Mississippi National River and Recreation Area • Chief of Resource Management • implemented Comprehensive Management Plan, working with Met Council and local governments, and private and nonprofit groups along 52 miles of the Mississippi through the Twin Cities Metro Area. • Represented NPS in interactions with a variety of groups. Southern Nevada Agency Partnership • Executive Director of Southern Nevada Agency Partnership, comprised of National Park Service, US Fish &Wildlife Service, US Forest Service, and Bureau of Land Management. Reported to Executive Committee made up of agency heads. • Ensured implementation of multi-million dollar interagency projects being carried out by agency staff, • Oversight of funding provided to the agencies from the sale of BLM lands surrounding Las Vegas (to accommodate growth of Las Vegas), with legislative accountability. • Supervised contracts and cooperative agreements with nonprofit agencies and University of Nevada to carry out projects. • Oversaw the work of interagency teams addressing projects involving law enforcement, cultural resource protection, environmental education, vegetation management, fisheries management. • Developed partnerships to continue projects when funding was no longer available. Page 98 of 104 Oak Park Heights Request for Council Action Meeting Date May 26t1, 2020 Time Required: 5 Minutes Agenda Item Title: RESOLUTION RELATING TO OUTSIDE SALSE OF ALCOHOL — TEMPORARY SALES AREAS DURING COVID-19 PANDEMIC. Agenda Placement New Business Originating Department/Requestor: Council Member Carly Johnson 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): In light of some of the further orders by Gov. Walz allowing outside seating for restaurants, there has been some push for alcohol sales in these otherwise temporary areas. The action the Council took on May 12t1 could be tailored a bit further to allow such provision expanding ON-SITE liquor sales to otherwise not previously established outside areas. The enclosed resolution outlines some authorities and process that Staff can follow. As Gov. Walz's orders morph over the coming weeks or months, it is likely some further adjustments of past action (or new actions) will be needed. Please also see the enclosed data sheet / guidance from the LMC. Page 99 of 104 RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS OUTLINING FURTHER POLICIES AND REQUESTS RELATED TO ASSISTING IN ECONOMIC RECOVERY FOLLOWING THE COVID-19 OUTBREAK. Whereas, the State of Minnesota and numerous communities have been impacted by the outbreak of COVID-19 virus forcing the slow down and, in some cases, shuttering of businesses creating significant unemployment; and, Whereas, many individuals have also been impacted by the COVID-19 outbreak with the loss of employment and critical income; and, Whereas, the State and Federal Governments have begun to implement various tools to aid in the recovery of businesses and employment; the City of Oak Park Heights may also consider responsible actions to aid effected businesses and their staff as well as its general population; and, Whereas, the City has previously approved resolutions outlining certain City responses, it has continued to evaluate its options related to any continued assistance it may be able to offer as well as explore other public-private partnerships to advance solutions to address these matters stemming from COVID-19 matter. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights enacts the following to further clarify on-site sales of alcohol: That in addition to the permissions allowing the sale of alcoholic beverages in established outside seating areas that have been approved prior to the date of this Resolution; for temporary purposes through Sept 30th, 2020 operators that hold a valid "on-site" license may also engage in on-site sales in temporary outside areas subject to: 1. Submission to the City of a reasonable layout / plan to be first approved by the Owner and City prior to any operation. The plan must show any areas proposed to be used for outside sales of alcohol to be reasonably compact and contiguous to the operator's facility and not have any traffic or other apparent safety conflicts. 2. Submission of documentation demonstrating that operator's insurance references and includes the planned demarcated areas. The operator is responsible for ensuring all alcohol remains on the property and within the temporary approved allowed sales area. If alcohol sales violations occur in the temporary outdoor area or violations of alcohol leaving the approved sales area occur, or 2 violations of noise ordinance occur, the City may immediately repeal the allowance to the operator until petition by the licensee and hearing before City Council for reinstatement. This immediate withdrawal would not include the regularly licensed or previously approved areas. Be It Further Resolved, that City Staff shall actively implement these goals to the extent authorized under Minnesota law and provide the necessary communications to related offices and entities. The Resolution has been duly considered and adopted by the City Council this 26th day of May, 2020. Mayor Mary McComber Attest: Eric Johnson, City Administrator Page 100 of 104 LMCLdAauf _ NINNEEGTA CITi S Guidance for Cities on Expanding Outdoor Service at Bars and Restaurants Published. May 21, 2020 On May 20, 2020, the state outlined plans, as mentioned in Executive order 20-56(httus;(imn.Rov"entarJassetsltW%2D2D-56% MFInal tCr WSS43192LRM, for bars and restaurants to open on June 1 for outdoor service so long. as certain conditions, includingsocial distancing, are maintained to prevent the spread ofCOVID-19. The Minnesota Department of Public Safety (DPS) Alcohol and Gambling Enforcement Division worked with the League to provide the following guidance, Get answers to frequently asked questions (FAQs) regarding outdoor service at restaurants and bars: O i. Do cities need to change their reeulations� (90 ) 02. Can the city allow businesses to expand their outdoor areas? (ypr) 03. Can the city grant catering permits as a way for husinesses to expand their outdoor service? (ao3) O4. Do municipal on -sale lip for establishments have to follow the same les as other b sin sses if they want to expand their outdoor service? (ypa) Q1. Do cities need to change their regulations? Al. Cities may need to make changes to current regulations to assist businesses requesting to have additional outdoor seating. The outdoor expansion requests may include areas like sidewalks, some parking spaces, or undeveloped outdoor areas adjacent to their buildings. Cities are taking different approaches to how theywill allow for this. Some have changed ordinances that require the business to apply for a permit for this temporary increase in size. others have approved resolutions- The benefit of having a permit process is the option to make this an administrative process that does not require council approval- It is important to work with the city attorney in developing this process. Some important considerations for cities: The retailer must provide the city with proof that their liquor liability insurance covers alcohol sales in any expanded outdoor spaces which, under Minnesota law, must be "compact and contiguous" to the main structure- Proofof liquor liability insurance must also be provided for onsite catered events. The cityvnll need to approve a map ofexpanded service areas. Note that voidance from the Minnesota Department of Employment and Economic Development (DEED) (htt[.limo-rovldeedfnewsoeotericovtd+safework+sde-reppeninz) limits bars and restaurants to 54 guests with reservations for the entire outdoor service area- Once approved, the city must send a copy of the map to the DPS Alcohol and Gambling Enforcement D ivisian, • Cities may want to consider noise and traffic concerns. Local zoning and building codes would apply to any physical expansions such as new or modified patios and decks. This may include the type of materials for fencing required to have a compact and continuous new space. Return to top of page f*ApI Q2. Can the city allow businesses to expand their outdoor areas? 2. Minnesota Statutes, section 344A.414„ subdivision 7 {hr._,a:.z,,tit-,s.r,vtsox-mo-RovistatutWclLel34AA.41DD requires retail alcoholic beverage licensed premises to he compact and contiguous- Minnesota Rules 7515.0430, subpart 2 (httpslewww.revtsorm-gavinlew7515-©4mi) defines the types of additions license holders can make as part of their licensed premises to include physically connected attachments to the main structure such as patios, decks, or pavilions. The space would have to be owned and/or leased and be a part of the business, The city would have to approve any compact and contiguous additions to the licensed premises and include such additions in the license files and on documentation defining the licensed premises. Sidewalk seatingor other types ofcity-controlled public space that would normally not be used for expanded seating could be used at the city's discretion as it would for sidewalk table seating under normal circumstances. The city would have to allow the license holder use ofthe space and include it as retail licensed premises patio space - Use of a parking lot would have to constitute a compact and contiguous additional patio space. Page 101 of 104 The Minnesota Department of Transportation is preparing guidance on the use of parking lots and areas traditionally used as right of ways. A link to that guidance will be provided here when available - Return to top of page (ftap) Q3. Cant he city grant catering permits as away for businesses to expand their outdoor service? A3. if the parking lot or other expansion space is not contiguous to the original licensed premises, another option would be for the business to apply and qualify for an alcohol catering permit to enable alcohol incidental to food sen -ice for events (see Minnesota Statutes, section 344A.449, subdivision 12 (bZ.]a-7twrww_rev5sor-mn W=ub�ctteP 4CL&an4b). An event is not daily bar service, but could be weekend parties or music events, etc. Return to tap of page fgopl Q4. Cao municipal on -sale liquor establishments have to follow the same rules as other businesses if they want to expand their outdoor service? A.l. Cities that operate an on -sale liquor establishment need to have- • City approval for expanded outdoor spaces, Updated liquor liahility insurance, and An updated premises map with the DFS Alcohol and Gambling Enforcement Division if they have one on file with them now - Cities also need to follow DEED guidance on reopening measuresfhttmllmo-yosldeedhyewmeouerfcovtd7safeMrkissfe-reopeo113ely, including requiring employees who provide food and drink service to wear masks.. Return to top of nage (a€aol —Access more COVID-19 News and Resources (hnTVPArww-Lmc.artmr smTceslcmd-t9-resmumesl} Your LMC Resource Research & lnfonnatian Service staff rnembers are ready to help you apply their broad knowiedge to the issues gouge dealing with today. Access amine form tosubmit a question fhm:lfwwwJmc-orxlcomtara.�suhmiw•cuesdom.?. a call us: (651) 2M-12]oor (SW 925-1122 Page 102 of 104 Oak Park Heights Request for Council Action Meeting Date May 26th, 2020 Time Required: 5 Minutes Agenda Item Title: Approve Concept for High School Parade Route and Event Agenda Placement New Business Originating Department/Requestor: Mayor 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): I have been contacted by the Superintendent of the Stillwater Area Schools to determine if the City Council would be supportive of a SENIOR PARADE of some form traveling through our City. Based on the known plan, (attached) this may include a very short police escort need, I would request the Council approve the concept. Enclosed is the planned route and schedule as received for MAY 29th. Page 103 of 104 RKM 0 1-4 ■ -E I E \ $ FAE 4- *A |. ■ ... x Page 104 y19