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HomeMy WebLinkAboutweekly Notes-December 10th 2021 CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: December 10th,2021 TO: City Council Members& Staff FROM: Eric Johnson City Administrator Zoninq &Development Items: 1. No new applications have been received. Staff did meet again to discuss concepts proposed by a developer for the lands between Menards and Kowalski's for an 80-unit apartment bldg.We may see an application in January.Staff encouraged limiting access onto 58th Street to be right in and right out and to extend screening and berms along 58th street—essentially so that building is more northerly on the lot—nearer to the Americlnn— Power Lines. No concept plans are available quite yet. 2. A MOU has been executed with the Palmer Station developer to address the retaining wall issues at LOT 8—this enabled their final lot to move forward with construction;a final Developer's Agreement Amendment will be necessary prior to any final occupancy. 3. INTERESTINGLY:There is a sign up in front of the former WHITE CASTLE that states a CAR WASH is coming....in talking to the owner... he had no knowledge of the sign nor indicated that was a planned use or development. It is off-site signage that is not permitted...but staff has had no such engagement with a car wash discussion... 4. Andy Kegley and Jenni Pinski met with Matt Lehmann of Stillwater Area Scholastic Cycling Advocates and Ryan Smithberg, a member of the Stillwater MTB team, on Wednesday afternoon. Mr. Smithberg is a high school senior at Stillwater Area High School, and is proposing an approximately 1.5 mile extension of the mountain bike trails at Valley View Park.The area that he was looking at is west of the paved north-south trail (east of the shelter) and would include two crossings over the paved trail. We asked Lehmann and Smithberg to prepare a detailed request including pictures,invited them to the January Parks and Trails Commission meeting,and outlined some of the concerns that may be expressed by the Commission, the City, and the park neighbors. Their hope is that if the project was approved, they could begin making trails next spring — however a lot more discussion and reviews will be required. 5. The City's communication to McDonalds to repair the paint damage to their large sign has been responded to by the Owner indicating that it will be completed by June 1st,2022. 6. The City received confirmation that the MET COUNCIL has"approved"the Clty's petition to remove certain discussion elements and maps from its 2018 COMP PLAN-relating to the 58th Street Extension-see enclosed. COVID-19 Matters: • This is the Governor's- PORTAL https://mn.gov/covidl9—Many documents/Exec. Orders can be found. Washington County has initiated a County Dashboard containing more localized COVID-19 Impacts and rates LINK->>HERE. Other Items: The City received a check for$316.12 related to the class-action settlement for squad pricing errors. Mayor McComber Provided 1. Updates from the NLC- 12-4 and 12-8 2. MNDOT State-Aid Scene "Weekly Notes"is an Internal/inter-departmental memo limited in scope to share brief updates and information among City Departments,City Consultants and Elected Officials regarding various topics. MEMORANDUM OF UNDERSTANDAG-MOU THE PURPOSE OF THIS DOCUMENT IS TO OUTLINE THE GENERAL CONDITIONS THAT MUST BE MET BY THE DEVELOPER-CREATiVE HOMES, PNC.PRIOR TO THE ISSUANCE OF ANY OCCUPANCY PERMIT FOR THE HOME TO BE CONSTRUICTED AT 5573 OAK COVE N.ALSO KNOWN AS LOT 8 AS SHOWN ON RELEVANT PLAT • The Developer(Creative Homes, Inc.)has requested to install the retaining walls as outlined in the attached design-referenced in Exhibit A to this MOU-dated 10-6-21 and such design shall be followed by the Developer and their contractors.The Developer shall provide to the City of Oak Park Heights(the City)a final as-built ensuring that construction dutifully followed the design by a date not later than 613012022 The Developer's further warrants to the City that the wall design,(including but not limited to its interface and connections with other walls and landscaping),is appropriate,stable,secure and built to best practices standards in such industry and the Developer shall immediately correct any defects at its sole expense • The Developer shall ensure that all retaining walls in the Development known as Palmer Station-remain in stable,safe and functional condition through 12/31/2032 and does hereby provide a continuing warranty through 1213112032. • The Developer shall cause and ensure that there are periodic inspections(not less than once every 36-months)of such wall(s)to ensure that these remain in a safe and stable condition with a written inspection report provided to the City within 30 days of such inspection.Should the City have reasonable cause to believe there are defects in such wall,the City may seek further inspections by a licensed structural engineer commenting on the stability and integrity of the wall-such inspection costs shall be the Developer's Should any corrections be required,these shall be promptly made by the Developer at its sole expense.Should corrections not be made within a reasonable time period, the City may implement any necessary corrections and which shall be the full financial responsibility of the Developer andfor via a portioned assessment upon each lot within the Palmer Station Development-Lots 1-13. Failure to make necessary inspections outlined in this paragraph will result in the City performing inspections at the sole expense of the Developer and by such forces the City deems appropriate. • The Developer,shall and does fully release defend and does indemnify the City from any and all claims,damages or losses associated with any form of failure of such walls regardless of the Developer's remaining interest in the Development.Such release and indemnification of the City shall expire upon the removal or replacement of the wall(s). • All of the Developer's responsibilities outlined in this MOU shall remain in effect upon the Developer until such time as the Homeowner Association becomes responsible for all common elements--which is to include all retaining walls in the Development. Should the City be unable to enforce any such provisions outlined above upon the HOA,including due to its failure to dutifully incorporate and/or function,the Developer shall then became liable for any and all such costs regardless of its remaining interest in the Development generally known as Palmer Station • A'I terms and conditions found in this MOU are binding and enforceable and are intended to be embedded in a complete Amendment to the Developer's Agreement with such Amendment being fully executed by all parties to this MOU prior to any form of occupancy permit being issued by the City. • With the full and proper execution of this MOU by all parties listed,the City will release the current STOP WORK ORDER on 5573 Oak Cove N.as related to the retaining wall issue. Agreed to the Above: For Developer: NOTARY SIGNATURE for Nick Hackworthy: a y t - VDate r-/1 + STAMP HERE > N ck Hackworthy,President,Creative Homes, Inc. MOLLY KATHRYN GOOLER NOTARY PUBLIC Cof OakParkH t45v' MINNESOTA My Expires Jan 31,2024 Date f NOTARY SIGNATURE for Ci C' dministrator STAMP HERE-> ON. JENNIFBR M.PiNSKItJ07ARY PUBLIC•MINNESOTAMy Commission Expires Jan.31,2627 MEMORANDUM OF UNDERSTANDING-MOU Exhibit A IY LOW PERI EA&LE SOL iF TW EL=9%DO- ---- - --------------- ------------- MIJ GEOGRm W14 REWDRCED sci ----------- A----- -- 0 MN EX5TN6 GEOGM WH REWoRCED SIX. DRANAGE AGGREGATE BW EL=q4S25 EETMG BLOCK WAL--(4 HOGHT) COMPACTED BA5E MATERIAL ij FIG I. NAL.L SIDE EL-EVATON 5 IG 2`J OAK PARK FZMM RWAMM y(Alk =Qw1'HSCALE N FEET ApprorimaFe •q W.11]ovations �I re, ? MCDONALDS SIGN MATTER From: Duval Andy(US Partners) To: Eric Johnson Subject: Road sign Date: Friday,December 3,20219:29:24 AM Hello Eric Thank you for taking the time to speak with me yesterday about my road sign. Per our conversation I have committed to the refresh of the sign no later than June 12022. 1 appreciate your understanding on this matter. If in the future if you have the need to get in touch with me feel free to contact me at the number below or send communications to my office located at 600 Hayward ave N Oakdale MN 55128. Andy Duval Owner/Operation McDuvie, LLC ph. 651-770-2988 December 3, 2021 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights, MN 55082 RE: City of Oak Park Heights — Land Use/Transportation Text Change Comprehensive Plan Amendment - Administrative Review Metropolitan Council Review File No. 22079-2 Metropolitan Council District 12 Dear Eric Johnson: We received the City's Land Use/Transportation Text Change amendment on November 10, 2021. The amendment proposes text changes and map revisions within the land use and transportation sections of the City's 2040 Comprehensive Plan in response to recent changes in land ownership of an area identified for possible annexation west of the business warehouse area known as Kern Center. The changes remove reference to extension of utility and street infrastructure in this area in the Land Use Plan and remove reference to possible extension of 58th Street and language about system improvements and extensions in the Transportation Plan. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by the Council on July 28, 2010. The proposed amendment does not affectofficial forecasts or the City's ability to accommodate its share of the region's affordable housing need. Therefore, the Council will waive further review and action; and the City may place this amendment into effect. However, staff offers the following advisory comment for your consideration: Regional Parks and Trails (Colin Kelly, 651-602-1361) The 58th Street corridor represents an important future connection for the Central Greenway Regional Trail. Washington County's Central Greenway Regional Trail Master Plan Amendment adopted by the Metropolitan Council on June 12, 2019 (Business Item 2019-87) shows that Segment R6 of the Central Greenway Regional Trail Lake Elmo segment is planned to travel along 58th Street North between Stillwater Blvd/CR 15 and Manning Ave/Hwy 36. Council staff recommend the City coordinate with Washington County, the Regional Park Implementing Agency that will operate the Central Greenway Regional Trail, to ensure that this important bicycle and pedestrian connection is facilitated. �J�--- _f- 90 Robert Street �. - 651.602.1000 090 - . . METROPOLITAN C 0 U N C I L The amendment, explanatory materials, and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions regarding the review please contact Jake Reilly, Principal Reviewer, at 651-602-1822 or via email at jake.reilly@m etc.state.m n.us. Sincerely, Angela R. Torres, AICP, Manager Local Planning Assistance CC: Scott Richards, Consulting Planner Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Francisco J. Gonzalez, Metropolitan Council District 12 Jake Reilly, Sector Representative/Principal Reviewer Reviews Coordinator N:ICommDeOLPAICommunitieslOak Park Heigh tsle tte rsl Oak Park Heights 2021 Land Use-Transportation Text Change CPA Admin Review 22079-2.docx Page-2 I December3,2021 I METROPOLITAN COUNCIL 333 South Seventh Street c FA BYA N S KE Mark R. Becker Sete 2600 V1/�STRA AttorneyMinneapolis, MN 55402 T 612.359.7600 HART & D 612.359 6620 F 612.359.7602 T H O M S O N mbecker )hvht[aw co November 23, 2021 City of Oak Park Heights Attn: Eric A. Johnson, City Admin 14168 Oak Park Blvd N. PO Box 2007 Oak Park Heights, MN 55082 J TT E GMENT - State :>t: Nr,",nreC _tcn.; ca .n:!_, e.0 re!. Steven !eibar v. Nelson Auto Center, Inc. of al. District Court File No.: 62-CV-19-876 Appellate Court Case No.: A20-0653 Dear Eric: All public entities have approved the settlement of the above titled matter. Judge Thomas A. Gilligan of the Ramsey County District Court has issued his Final Order Approving the settlement of the action (a copy of the Final Order is enclosed), and Defendants have deposited into the trust account of Fabyanske, Westra, Hart & Thomson. P.A. the full amount of the Settlement Proceeds. Accordingly, I write now to provide Oak Park Heights with its portion of the settiement proceeds. As discussed in my August 26, 2021 Notice Letter; and calculated in Exhibit B of the Settlement Agreement between Mr. Kleiber and Defendants, Oak Park Heights' portion of the settlement proceeds is $316.12. As a reminder, this amount was calculated by multiplying the amount of vehicles purchased by Oak Park Heights that Mr. Kleiber identified Oak Park Heights was allegedly overcharged on by the flat rate of $158.06 per vehicle. Enclosed: please find a check for Oak Park Heights' portion of the settlement proceeds; totaling $316.12. If you have any questions or concerns. please feel free to contact me or my colleague Alex Athmann (aathmann@fwhtlaw.com). Very truly ours, i Mark R Becker MRB/ Enclosure cc: Alex Athmann (aathmann@fwhtlaw.com) Jonathan Norrie anorrie@bassford.com) Mic Puklich (puklich@gmail.com) r 62-CV-19-876 Filed in District Court State oT Minnesota 11/9/2021 9:59 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT CASE TYPE: OTHER District Court File No. 62-CV-19-8-6 State of Minnesota, et ad., Judge Thomas A. Gilliti'111 ex. re/. Steven Kleiber, Court of Appeals File No. A20-065 Plaintiffs, ORDER FOR FINAL WPROVAL OF MEDIATED vs. SET"I'LEIILN'T AGRLEMLN'T Nelson Auto Center, Inc., Brent Nelson, Laurel Nclson, GC1-a1d 1�''oa ncr, %-Icl icsa Nelson (a:k a ylelissa 111111). A1�l Lissa Lii-son, and Susan KLM-ler, Defendants. This matter came bclorc the undersigned on November 3, 2021, upon Plaintiff Steven Kleiber's ("Mr. Kleiber"), as qui tarn rely}tor,and Defendants' joint motion for lln�tl ippro%a] of a mediated settlement agreement pursuant to Minn. Stat. § 15C.05(a) (the "Agreement"). Based on the files, records, and proceedings herein, and the arguments of counsel at the hearing, the Court makes the following order: IT IS HEREBY ORDERED that: 1. The Agreement is hcreby approved. 2. The Courts appro%Lil of the Agreement is final.. 3. The reasons for the Court's approval of the Agreement are set forth in the Court's August 20, 2021 Interim Order Regarding Proposed Mediated Settlement Agreement. I d 62-CV-19-876 Filed in District Court State of Minnesota 1119120219:59 AM 4. The Agreement is no longer subject to objection by any person or cntity. including those public entities on whose behalf Mr. Kleiber pursued claims under the Minnesota False Claims Act in this action. 5. Upon issuance of this Order,Mr. Kleiber and Defendants Nelson Auto Center, Inc., Brent Nelson, Laurel Nelson, Gerald Worner, Melissa Nelson (a/k/a Melissa Hull), Melissa Larson, and Susan Kugler (collectively the "Parties"), shall continue to perform their obligations under the Agreement, including but not limited to making any settlement payments required by the Agreement and distributing the settlement funds as required by the Agreement. 6. As no objections to the Agreement were submitted, and the time to do so has passed, the November 15, 2021 bcfore this Cotu-t to aci(il-esc a1i� t)bjections or opt-outs is canceled. ; J]'3t d_ GilliLml."I homas(Judge) Tlwmas A. Gilligan District Court Judge 2 W--Z,38-127r-03.14 C) om Mn -n 0--1 :c X m CD C) (D U) m 0 :3 0 0 m a) m x z z C:c (D 4 m 0 C) =1 0—co)-4> N 1> 0 CD E:m4 3- CF3fCJ o (11"m0 N) M CD z ip r,u X K) CL m D 0 0 CD 0 C3 Z 0 n rD O 0 O rij rn rurn U LD. < ml 0� MO Epo g IQI > ULJ rt Z, m 9 La z C) rn C3 0CD z < Z > 0 CYN �zl Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday, December 4, 2021 8:27 AM To: Eric Johnson Subject: Fwd: Work&Wages: Improving Resident and Economic Resilience For weekly notes -----Original Message----- From: National League Of Cities (NLC) <news@nlc.org> To: marymccomber@aol.com Sent: Sat, Dec 4, 2021 6:04 am Subject: Work& Wages: Improving Resident and Economic Resilience News,resources and events for local leaders and staff. NATIONAL LEAGUE NLCOF f PPP Work & Wages: Improving Resident and Economic Resilience The pandemic has wreaked financial havoc for residents and businesses alike in cities across the country. Despite an influx of federal funds to boost economic recovery at the local level, many businesses are still at risk of closing. NLC has introduced two new briefs Raising Resident Wages and Increasing Quality Employment for Residents that highlight strategies city leaders can take to connect residents to jobs and promote living wages. i LC Buffalo's Approach to Water Affordability Creating a Shared Vision for Innovation and Entrepreneurship View All Articles Industry News What We're Reading: • Food Delivery Robots Gaining Popularity- Route Fifty(November 29, 202 1) • We All Should Be Rooting for the Infrastructure Implementation Task Force - Government Technology(November 29, 202 1) • How Cities Are Addressing Mental Distress - Next City(November 29, 2021) • Revenue Squeeze Pushes Cities, Counties to Get Creative on Taxes - Bloomberg Law(December 1, 2021) Announcements Innovation in Workforce Development: Securing Quality Jobs Through Employee Ownership Join the National League of Cities and the Democracy at Work Institute to hear directly from experts and cities who are delivering quality jobs to workers using strategies that support employee ownership. Learn More > 2 Webinar: A Digital Equity Playbook: How City Leaders Can Bridge the Digital Divide Broadband is critical for participation in daily life — but unfortunately, not everyone has access to it. Join NLC for a discussion on how the digital divide is affecting communities across America, and specific actions city leaders can take to address it. Learn More > Call for Nominations: City Cultural Diversity Award NLC is currently accepting applications for its annual City Cultural Diversity Awards. Nominate your city for its community leadership in developing creative and effective programs to improve cultural diversity. Learn More > Green Roofs in the Time of COVID-19 By investing in green infrastructure projects, communities can address environment concerns while transforming grey, urban landscapes into vibrant ecosystems, all while reducing costs and providing green space. 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This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy I @ 2021 NLC, All Rights Reserved Powered by Higher Logic 4 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Wednesday, December 8, 2021 9:19 AM To: Eric Johnson Subject: Fwd: The Municipal Playbook for Employee Ownership For weekly notes -----Original Message----- From: National League of Cities (NLC) <membership@nlc.org> To: marymccomber@aol.com Sent: Wed, Dec 8, 2021 8:06 am Subject: The Municipal Playbook for Employee Ownership Access your weekly N LC member roundup! NLCOF CITIES Member L NATIONAL • • up December : 2021 Midwest -• • 1� The Municipal Playbook for Employee Ownership Employee ownership offers many benefits for cities looking to grow their economies and develop their workforce. This new resource, developed by NLC and the Democracy at Work Institute, explains how local leaders can explore and support employee ownership to preserve local businesses, address racial & gender income gaps and improve access to quality jobs. Upcoming i r New Member Orientation Wednesday, Dec. 8 - 12:OOPM ET New to NLC? Listen in on our 30-minute orientation and learn about how your membership benefits your city. REGISTER HERE > Innovative Perspectives on Municipal Recovery Thursday, Dec. 9 - 12:OOPM ET NLC will host a panel of young municipal leaders to hear how they are shaping this historical moment and what rebuilding communities looks like. REGISTER HERE > A Digital Equity Playbook: How City Leaders Can Bridge the Digital Divide Thursday, Dec. 9 - 1:OOPM ET Join NLC for a discussion on the digital divide and how the new Digital Equity Playbook can help cities close the broadband access gap. - REGISTER HERE > Webinar: Committing ARPA Funds to Address Homelessness Monday, Dec. 13 -2:OOPM ET Learn about a new initiative from the Department of Housing and Urban Development and Interagency Council on � Homelessness. REGISTER HERE > SW .r City Innovation Ecosystems Series: Access to Capital - Building a Local Portfolio ° Wednesday, Dec. 15 -3:OOPM ET Join the CIE Speaker Series for a discussion on how cities can help expand access to capital for local entrepreneurs. REGISTER HERE > 2 View All Events NATIONAL CO N G RESS 10 INAL March LEAGUE CITY CONFERENCE " • NLCOF CITIES M 2022 EDUCATION r2022 kq NLC Launches Safety First Call for Civic Tech Data Challenge Projects NLC introduced a new Safety First Does your city have a civic tech data Challenge, an initiative to build a street project in the works that could use some safety coalition of 100 cities, towns and additional guidance and support over villages in 100 days to advance a safety this next year? NLC is here to help. first approach to transportation Submit an application to be considered. decisions. Join the challenge today! 3 State of the Pandemic: Using YEF Council Applications are Data to Combat COVID-19 Open With the Omicron variant on the rise, this NLC invites any youth leader who serves new article examines what the current on a city's youth council, commission, or COVID-19 data is telling us and how it advisory board and who is also currently can inform the pandemic-related actions enrolled as a high school sophomore or local leaders should take in the coming junior to nominate themselves for months. appointment to NLC's Council on Youth, Education, and Families. Thanks for reading the latest articles and events from the NLC, where local leaders and their staff go to learn and grow. 'Til next time! 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Manage preferences here. 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy I @ 2021 NLC, All Rights Reserved Powered by Higher Logic 5 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Tuesday, December 7, 2021 10:15 AM To: Eric Johnson Subject: Fwd: MnDOT State Aid E-Scene, December 2021 For weekly notes -----Original Message----- From: MnDOT<mndot@public.govdelivery.com> To: marymccomber@aol.com Sent: Tue, Dec 7, 2021 10:01 am Subject: MnDOT State Aid E-Scene, December 2021 Having trouble viewing this email?View it as a Web page. DEPARTMENT OF TRANSPORTATION State Aid E-Scene December 2021 Statutory changes related to General Obligation bond funded projects Statutory changes were enacted to CHAPTER 363A HUMAN RIGHTS in _ October 2020 and June 2021 that will impact some local agencies. j-tL)LI Y Specifically, statutes 363A.36 and 363A.44 were modified so that local agency capital projects that are partially or wholly funded with General Obligation (GO) bonds are subject to these requirements. Read more on GO bond changes. 1 New Standard Plans Please be aware that as of November 9, 2021 several very commonly used MnDOT Standard Plans have been updated. Read more on new standard plans. PathWeb update The 2021 season of pavement testing has been completed.This year the testing team faced different difficulties than last year when COVID-19 delayed the start of the driving season. Read more on PathWeb. Employee news Longtime D3 DSAE, Kelvin Howieson has retired on November 12 from i MnDOT. Kelvin retired after 34 years of state service.We would like to thank him for his many years with State Aid and wish him all the best in his retirement. MnDOT invites and encourages participation by all.If you need an ASL,a foreign language interpreter,or other reasonable accommodation,or need documents in an alternative format(such as braille or large print),please email your request to Janet Miller at ADAreauest.dott@state.mn.us or call 651-366-4720. Stay Connected with Minnesota Department of Transportation: �a © dry. MnDOT's Social Media Hub>> SUBSCRIBER SERVICES: Manage Subscriptions I Unsubscribe All I Help This email was sent to marymccomber(cbaoi.com using GovDelivery Communications Cloud on behalf of: yr Minnesota Department of Transportation -395 John Ireland Blvd -Saint Paul,MN 55155 gOVDELIYERY 2