HomeMy WebLinkAboutweekly notes 9-30-2022
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CITY OF OAK PARK HEIGHTS – WEEKLY NOTES for: September 302022
TO: City Council Members& Staff
FROM: Eric Johnson, City Administrator
Zoning & Development Items:
Staff has had some extensive conversations with the PARK DENTAL project related to their planned access and connection points to
the City utilities. In short, their plans were not effectively taking into account their necessary water line terminations and required
planning for water and sewer connections – possibly resulting in PARK DENTAL seeking an easement from ALDI and additional permits
from the CITY to cross a City trail & utility easement. Andy Kegley has advise themof these concerns forseveral weeks. Discussions
will continue – butnowappear to be on the right track.
Tire Pros has sought an amendment to their recent approvals wherethey would like to expandthe footprint of their new car wash
building to the west an additional 2 FEET. This encroachesinto the required 10’ setback and was not contemplated by them during their
most recent review or approvals. This could be accomplished via a new CUP application or aMinor subdivision under the 402
Ordinance where they exchange 2 feet of land - betweenthe parcel (they own both sides). As the MINOR SUBDIVISION processed
cannot really be deniedif notcreating a new non-conformity…Staff is going to permit the reduction from 10’ to 8’ with condition that
should any dispute arise they will be required to perform that MINOR SUBDIVISION and address any non-conformities – enclosed is a
ROUGH DRAFT of the Agreement that will be used.
Other Items:
The Norell Projectismoving forward…enclosedis the weekly update.
The 2022 Street MILL& AND OVERLAY Update isenclosed.
AspartoftheFALLCLEAN_UPday-, theenclosedflyerwashandedouttoeachvehicle.The Citywillneed todevelopa MEDIAPLAN
that outlinestheexpected changesand how these will be best communicated– especiallythe reality that BULK ITEMS are no longer
collectedwithout a direct “user-fee” and that residents must expect a direct bill.Jennifer Pinski will have that MEDIA PLAN for the City
Counciladoption in October.
Enclosed isa DRAFT POLICy related to theconceptual use of the CITYHALL- SECUITYFENCING in the event ofan
expectedprotestof some form. The City Council may desireto consider a Worksession in October todiscussthis further.(On a
related note,there aresomeremainingelementsfromthe city’s Goal Settingworkshop– includingCouncilAgenda/ “Speaking”
Policyandaformaladoptionof theCity’s MissionStatements”) Staff would propose thison 10/25– but will plan to seek setting that
date and these topicsat the 10/11 agenda.
TheCity did receive the enclosed feedbackregarding the CONES
placed at the eastbound entrance to CITY HALL; the conceptStaff had
was to see if it did preventsome amount of cut-through traffic flowing
illegally through the one-way– andif it did.. perhapsnext summer the
City installssomethinga bit more permanentsuchasacurborplanting.
See Enclosed
Mayor McComber Provided
1.NLC Update for 9/20/22
2.A “ribbon cutting” for the Norwich Crosswalk (near Autumn Hills Park)
slated for THURSDAY – 9/29/22 at 4:30 was held – see image…what a
great image!
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AGREEMENT & UNDERSTANING
The Applicants (being known as Judd Andrews; Jay Andrews Jr., JD Properties 1, LLC and Andrew Brothers Properties, LLC) have
requested a late-change in a Project being the widening of the STOARGE AREA element of their a Car Wash building to be located at
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14493 60
Street N. located in the City of Oak Park Heights (the City)
This Car Wash was permitted via the issuance of a CONDITIONAL USE PERMIT and related documentation by the City Council as
outlined in City Council Resolution 22-08-27.
With the widening of that element of the building, it results in an encroachment of two (2) feet into the required ten (10) foot side yard
setback resulting proposed setback of not less than 8 feet.
To address this encroachment, the Applicants may seek a lot line amendment as may be permitted under the City’s Minor Subdivision
402 Ordinance – moving the current lot line to the west two feet. Such Minor Subdivision is largely administrative and if meeting the
required rules may not be unreasonably denied. This however will require the securing of a number of surveys, re-establishment of
drainage and utility easements each of which results in expense and loss of time.
Alternatively, the Applicants may seek an amended Conditional Use Permit with the City Council following the required public process,
public hearings and a final decision by the City Council, which may not be until November 2022 following the City review process – but
only after a complete submission was filed.
The Applicants have instead requested if the City will administratively grant the two (2) foot encroachment and the City will grant
under the following conditions:
The City will grant the two (2) foot encroachment, but only for the specific building element, all other curbs, driveways, sidewalks and all
other elements shall remain as approved. This two (2) foot encroachment is shown in the attached “Exhibit A” to this Agreement. No other
authorities are granted or implied with this.
The Applicants do (jointly and each severally) waive any and all liabilities that may be applicable to the City associated with any future
encroachment loss that may result due to the use of the administrative process or as a result of the reduced setback. The City may in its
sole discretion and at any time seek further Agreements or Documentation related to this request which shall be complied with by the
Applicants; failure to comply will allow the City to seek other legal relief (at the expense of the Applicants) related to the setback to compel
compliance with the initial ten-foot (10’) setback.
The Applicants shall be required to perform the Minor Subdivision at any time as may be required by the City at their sole expense
creating the new lot lines as required under the City’s current 402 Minor Subdivision process.
The Applicants (including their assigns and in perpetuity) shall protect, indemnify and hold-harmless the City from any and all losses or
damages resulting from the application and/or use of this administrative process to amend the setback to 8 feet.
This Agreement and Understanding will separately recorded against the title/deed of the related parcels being: 0402920210012 and
0402920210013 (or as maybe amended or corrected)
The above is agreed to by the Applicants and City:
___________________________Date____________
Mr. Judd Andrews
___________________________Date____________
Mr. Jay Andrews
___________________________Date_____________
Andrews Brothers Properties, LLC
___________________________Date ____________
Eric Johnson, City Administrator – City of Oak Park Heights
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EXHIBIT A – TO Agreement and Understaning
8’ Setback – Applicant (aka. Tire Pros)
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City of Oak Park Heights
14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574
Norell Avenue North Improvements
Weekly Project Update #23
For the Week Ending 9/30/2022
What work was completed on the
project this week?
The City’s contractor placed
topsoil at unfinished areas
around the project. They also
paved additional asphalt lifts on
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59Street and the parking lots.
New streetlights were installed at
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the intersection of 59Street and
Norwich Avenue, as well as
Kreuger Lane.
What work is expected for next
week?
The contractor willinstall new
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street signs along 59Street and 60Street on Monday. 60Street and Norwich Avenue will be
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milled on Thursday the 6to prepare for wear course paving the following week.Trees will be
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planted at islands and at the boulevard along 59Street as well.
Will there beany changes to the traffic detour or access to businessesnext week?
No changes in traffic access will occur next week. Norell Avenue from Highway 36will be open
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as well as the roundabout and 59Street.
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Phase 3 includes closures at Krueger Lane and Norwich Avenuewhile the remainder of 59
Streetis constructed. Access via these entrances will be limited or restricted.
Where can I get more project information?
For general project inquiries,questions andcomments:
Project Hotline:612-895-5029 – Leave a message with your name and phone number
Or email to - norellconstructionproject@stantec.com
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City of Oak Park Heights
14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574
2022Mill & Overlay andPedestrian Improvements Project
Weekly Project Update #16
For the Week Ending 9/30/2022
What work was completed on the project this week?
No work was completed on the project this week.
What work is expected for next week?
No work is planned for next week on theproject.
Will there beany changes to accessibility and traffic next week?
No delays to residents next week.
Where can I get more project information?
Our main form of communication regarding this project will be updates posted to the City of Oak
Park Heights Webpageweekly:https://www.cityofoakparkheights.com-
down tab.
For general project inquiries,questions,andcomments:
Morgan Sewell-612-469-3239 orMorgan.Sewell@Stantec.com
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CITY OF OAK PARK HEIGHTS
POLICY ON DE-ESCALATION FENCE PERIMETER –
PURPOSE AND PLANS
1.PURPOSE – DE-ESCALATON FENCE PERIMETER
In light of the events associated with 2020 mass gatherings and demonstrations in the TWIN
CITIES Metro Area - most of which were peaceful, some did result significant loss of property and
injuries. Therefore, cities in Minnesota are exploring the implementation of tools to encourage
peaceful protests and public engagement but to also seek to protect against those set on destroying
property and causing injuries. It is believed that this Policy, if implemented would strike a balance
of conserving City resources, advance public safety and enable citizens to gather and peaceably
voice their grievances.
As it relates to this Policy, the tool being implemented is known as a DE-ESCLATION FENCE
PERMITER (DFP), which may be deployed in situations where it is reasonably anticipated by law-
enforcement that a sizeable demonstration is expected AND is reasonably anticipated to include
elevated risks of property damage and violence.
A DFP is a 6’ to 8’ perimeter fence that would encircle critical public infrastructure, such as a police
station or city hall. Given that the City of Oak Park Heights’ property at the City Hall site also
houses Police, Public Works, Municipal Well #1 and a Water Tower #1; in the event of gathering
that turns violent with property damages City operations could be stunted posing a greater Citywide
danger to our residents, a regional high school, state prison and other critical community needs.
Therefore, the City has a reasonable necessity to consider the installation of a DFP. Such DFP is
also intended to accomplish these and other vital goals- such as but not limited to the following:
a)DFP decreases the need to establish a POLICE LINE of armored law enforcement to stand
against a crowd of demonstrators and can de-escalate tensions thru the reduced risk of direct
physical conflict, violence and injuries for both protesters and officers.
b)The DFP creates physical barrier around other public infrastructure, such as wells, garages,
generator and other items that are critical for the daily operations of the City – even for those
not immediately adjacent.
c)A DFP would establish (through the enclosed policy) an area for demonstrators to gather and
peaceably protest reducing the likelihood of needing to issue a dispersal order.
d)The DFP ensures a clear separation between law enforcement and demonstratorswith the
intention to avoid direct physical conflict.
e)It would establish (through the application of the enclosed Policy) a mechanism for discussion
between the City representatives and protesters
f)Allow law enforcement to focus on crowd management and facilitation rather than crowd
control.
2.DE-ESCLATION FENCE CONSORTIUM
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Many cities and county in the greater seven county metro area have begun a conversation to explore
the creation of a DE-ESCALATION FENCE CONSORTIUM, (the Consortium). As each
community cannot financially afford to have such a DFP on hand, simply waiting to be deployed –
the Consortium members would purchase the fence and related materials and would be available to
members should a need arise and be specifically called for by that local law enforcement agency.
Like the financial element, most entities also do not have the personnel to maneuver and erect such
a DFP in a short period. Therefore, another element of the Consortium is to define and enable
partnerships with related public works entities to erect such fence.
The Consortium Agreement that outlines these costs and parameters is affix to this Policy as Exhibit
___.
3.DFP ACTIVATION AND GENERAL POLICY IN OAK PARK HEIGHTS
In the event, the City of Oak Park Heights (the City) joins such a Consortium and/or enables the
installation of a DFP. The following polices shall clarify and guide those charged with making
decisions associated with the DFP
a.The ultimate decision to cause the installation of the DFP rests with the City’s Chief Law
Enforcement Officer but shall be consistent with this Policy, other City Polices and
established State and Federal laws.
b.The City’s Chief Law Enforcement Officer will lead the installation of the DFP, any response
from other agencies that may assist, and other critical decisions related to the protests and law
enforcement response. Policies and protocols, including use of force and arrest, will be shared
in a pre-deployment briefing.
PRIOR TO THE ACTIVATION OF THE DFP, THE POLICE CHIEF OR THEIR
DESIGNEE SHALL ATTEMPT TO:
a.Develop and have on file plan showing the anticipated perimeters and approved gathering
area for protestors
b.Inform and update City Administrator and City Council members as to the expected action
c.Coordinate with City Public Works Director or their designee for operational objectives to
install the DFP.
d.Notify Washington County Emergency Management Operations and establish an Emergency
Operations Center (EOC) with established protocols or assignments
e.Evacuate all non-essential City employees.
f.Secure or remove essential documentations at City Hall, including police-evidence room
contents.
g.Prepare a media release (to be distributed via television, radio, email, social media, or other
methods the City Administrator may deem advisable)and to correct misinformation or
disinformation as quickly as possible, by clear, transparent, and open communication. Issue a
possible code red announcement to residents – especially those adjacent to the City Hall +/-
500 feet.
h.Attempt to establish and maintain contact with leaders of any protest or opposition group.
i.Notify Washington County Jail and MN Correctional Facilities Oak Park Heights and
Stillwater.
j.Notify surrounding public safety entities including Law Enforcement, Fire Dept., EMS,
including Lakeview Hospital
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k.Establish reasonable location for protesters to gather and peaceably exercise their voices
consistent with established Federal and State laws.
l.Determine if further time, place, and manner restrictions may be necessary and publicize
them through multiple means (notifying protest leaders, social media, in a press release, on
signage clearly visible at the event, etc.).
m.Determine if there needs to be a designated parking area and designated area for EMS
response (if needed).
n.Prepare for law enforcements’ needs (if needed to supervise the DFP) (i.e., water, food, and a
designated space for rest or disengagement).
4.DURING DFP ACTIVATION AND DEPLOYMENT AT THE CITY HALL SITE
a.Keep the EOC operational at the designated location for maintaining daily status reports
and effective operational continuity.
b.Attempt to maintain or initiate communication with any oppositional group leader(s)
c.Determine effectiveness of ongoing operations or DFP need and adjust accordingly
d.Provide daily reports or updates to City Administration and City Council members
5.POST-DFP USE
a.Document, assess, and repair any damage to city buildings or structures.
b.Collect detailed expense costs for reporting purposes to Finance Director
c.Determine the EOC is no longer needed and deactivated
d.De-brief with Emergency Management, Public Safety and City Officials
6.POLICY ON WHEN THE DFP IS NOT TO BE DEPLOYED
When determining whether the DFP should be deployed, the City’s Chief Law Enforcement Officer
shall first consider:
a)Start from a presumption that the DFP will not be necessary and the protest will be peaceful.
b)Should not base their determination of deploying the DFP on the population expected to
protest nor the content or viewpoint of the protests. However, may consider if participating
groups – if it can be clearly documented - to be involved have a clear and defined history of
enabling violence or property damage.
c)Will not deploy the DFP unless there is – in their professional opinion - a reasonably
anticipated and elevated risk of property damage and direct physical conflict.
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