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Home My WebLink About12-13-2022 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 13,2022 6:00PMAT CITY HALL 6:00p.m.I.Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00p.m.II.Council/StaffReports A.Mayor McComber B.Councilmember Dougherty C.CouncilmemberJohnson D.Councilmember Liljegren E.Councilmember Runk F.Staff Chief of Police Assistant City Administrator/City Clerk(pg. 3) 6:10p.m.III.Visitors/Public Comment Thisis an opportunity for the public to address the Council with questions orcommentson issuesthat areor are notpart of the regular agenda (Please limitcomments to 3 minutes in length). 6:10p.m.IV.Consent Agenda(Roll Call Vote) A.ApproveBills& Investments B.Approve City CouncilMinutesNovember 14, 2022(pg.5) C.Approve Resolution Thanking Randy Thoreson for his Service on the Parks and Trails Commission 2018-2022(pg.9) D.Authorize Laserfiche Licensefor Web Access to Public Documents(pg.11) E.Adopt Resolution for 2023Liquor, Tobacco, and Amusement LicenseRenewals (pg.13) F.Adopt Resolution Designating the Polling Locationin the Event of a Special Election in 2023 in Oak Park Heights(pg.17) G.Approve Resolution for Certification of Delinquent Taxes(pg.19) H.Approve Resolution Designating 2023 Checking and Bank Depositories(pg. 23) I.Approve 2023 Area Charge for Connection to Water, Sewer and Storm Sewer(pg. 25) J.Approve Redpath and Company, Auditing Services for December 31, 2022(pg. 31) K.Approve 2023 Engineering Rates(pg.45) L.Approve 2023 Home Occupation Permits(pg.49) M.Approve Preliminary Interfund Transfers for Funding of Norell Avenue(pg. 51) N.Approve Salary Adjustment for Exempt Employees(pg.53) O.Accept Notification to Civilian Governing Body and Local Community City Intent to Accept Agency Request of Controlled Property Pursuant to EO 14074 Sec. 12(pg.55) 6:15p.m.V.PublicHearings A.Truth in Taxation Hearing 2023Budget Presentation(pg.75) 6:25p.m.VI.OldBusiness Page 1 of 198 Agenda December 13,2022 Page2 6:25p.m.VII.NewBusiness A.Resolution Approving the 2023 Budget(pg.83) B.Resolution Approving the 2023 Tax Levy(pg.87) C.2023 Water and Sewer Rate Studyand Review of StormWater Rates, with Possible Adoption of Resolutions for Rate Increases(pg.89) D.Adopt Amended CC102 Master Fee Schedule(pg. 135) nd E.15222 62St N Variances for Lot Size, Lot Width and Subdivision Process & Regulations Creating Two Lots(pg.139) F.MACLake Elmo Airport AdvisoryCommission(pg.177) G.Consider Request from MNDOT Municipal Boundary Adjustment(pg.185) H.Approve Developers Agreement Siegfried Construction Purchase of City Property 5416 Stagecoach Trail(pg.193) I.Council Appointments 2023(pg.195) J.2023 City Council Meeting Dates(pg.197) 7:15p.m.VIII.Other CouncilItemsor Announcements 7:15p.m.IX.Closed Session A.Labor Negotiations(closed pursuant to MNStat13D.03) 7:30p.m.IX.Adjournment Page 2 of 198 Page 3 of 198 Page 4 of 198 Page 5 of 198 Page 6 of 198 Page 7 of 198 Page 8 of 198 Page 9 of 198 Page 10 of 198 Page 11 of 198 Page 12 of 198 Page 13 of 198 Page 14 of 198 Page 15 of 198 Page 16 of 198 Page 17 of 198 Page 18 of 198 Page 19 of 198 Page 20 of 198 Page 21 of 198 Page 22 of 198 Page 23 of 198 Page 24 of 198 Page 25 of 198 Page 26 of 198 Page 27 of 198 Page 28 of 198 Page 29 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 198 Page 31 of 198 Page 32 of 198 Page 33 of 198 Page 34 of 198 Page 35 of 198 Page 36 of 198 Page 37 of 198 Page 38 of 198 Page 39 of 198 Page 40 of 198 Page 41 of 198 Page 42 of 198 Page 43 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 44 of 198 Page 45 of 198 Page 46 of 198 Page 47 of 198 Page 48 of 198 Page 49 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 50 of 198 Page 51 of 198 Page 52 of 198 Oak Park Heights Request for Council Action Meeting Date Decemberth, 202 Time Required: 1 minute_____________________ Agenda Item Title: Approve Salary Adjustment for Exempt Employees Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested ApproveSalaryAdjustmentsforEmployeesfor202 – effective 1/1/2 Background/Justification (Pleaseindicateifany previousaction hasbeen taken or if other public bodieshaveadvised): Typically,the City Council considers a wage adjustments on an annual basis for (non- represented employees). The Action requested at this time is to approve a3.0%wage increase for the City Clerkand the Accountant II positions.The202Budget as currently proposed does haveadequatefunding for 3.0% increase ased on 202LMCSalarySurveydata.thesepositionsaregenerallyabove the averageoftheir metropeers,outoflinewiththe current marketconditions Page 53 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 54 of 198 Page 55 of 198 Page 56 of 198 Page 57 of 198 Page 58 of 198 Page 59 of 198 Page 60 of 198 Page 61 of 198 Page 62 of 198 Page 63 of 198 Page 64 of 198 Page 65 of 198 Page 66 of 198 Page 67 of 198 Page 68 of 198 Page 69 of 198 Page 70 of 198 Page 71 of 198 Page 72 of 198 Page 73 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 74 of 198 Page 75 of 198 Page 76 of 198 Page 77 of 198 Page 78 of 198 Page 79 of 198 Page 80 of 198 Page 81 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 82 of 198 Page 83 of 198 Page 84 of 198 Page 85 of 198 Page 86 of 198 Page 87 of 198 Page 88 of 198 Page 89 of 198 Page 90 of 198 Page 91 of 198 Page 92 of 198 Page 93 of 198 Page 94 of 198 Page 95 of 198 Page 96 of 198 Page 97 of 198 Page 98 of 198 Page 99 of 198 Page 100 of 198 Page 101 of 198 Page 102 of 198 Page 103 of 198 Page 104 of 198 Page 105 of 198 Page 106 of 198 Page 107 of 198 Page 108 of 198 Page 109 of 198 Page 110 of 198 Page 111 of 198 Page 112 of 198 Page 113 of 198 Page 114 of 198 Page 115 of 198 Page 116 of 198 Page 117 of 198 Page 118 of 198 Page 119 of 198 Page 120 of 198 Page 121 of 198 Page 122 of 198 Page 123 of 198 Page 124 of 198 Page 125 of 198 Page 126 of 198 Page 127 of 198 Page 128 of 198 Page 129 of 198 Page 130 of 198 Page 131 of 198 Page 132 of 198 Page 133 of 198 Page 134 of 198 Page 135 of 198 Page 136 of 198 Page 137 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 138 of 198 Oak Park Heights Request for Council Action th Meeting Date November 14, 2022 Time Required: 5 Minutes _____________________ Agenda Item Title: 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 attachedfrom Scott Richards, CityPlanner: 1.Planning Report – dated: 2022 Planning Commission – Summary Memoand Findings Proposed City Council Resolution Page 139 of 198 Page 140 of 198 Page 141 of 198 Page 142 of 198 Page 143 of 198 Page 144 of 198 Page 145 of 198 Page 146 of 198 Page 147 of 198 Page 148 of 198 Page 149 of 198 Page 150 of 198 Page 151 of 198 Page 152 of 198 Page 153 of 198 Page 154 of 198 Page 155 of 198 Page 156 of 198 Page 157 of 198 Page 158 of 198 Page 159 of 198 Page 160 of 198 Page 161 of 198 Page 162 of 198 Page 163 of 198 Page 164 of 198 Page 165 of 198 Page 166 of 198 Page 167 of 198 Page 168 of 198 PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: December 9, 2022 RE: Oak Park Heights – Variance for Subdivision Process and Regulations, Variance for Lot Size, Variance for Lot Width – 15222 ndnd 62Street and 15XXX 62Street TPC FILE: 236.02 – 22.11 BACKGROUND Jennifer Cates Peterson of Cates Fine Homes LLC/Setac Properties (Applicant) has made application for a variance from Subdivision Regulations and process, and variance for lot size and lot width to allow for construction on two single family lots at ndnd 15222 62 Street and 15XXX 62Street. The property currently has one single family home that will be removed. The site consists of one parcel at 5,382 square feet in size and another with 10,758 square feet. The property is zoned R-2 Low and Medium Density Residential District. The property line is proposed to be moved to create two lots, one at 8,093 square feet, and the second one at 8,047 square feet. The proposed lots will not comply with lot size and lot width requirements of the R-2 District, requiring a variance. The other variance is required to allow the boundary line adjustment as a minor subdivision and not require a preliminary/final plat. The provisions for minor subdivisions allow for an administrative approval if the new lots conform with the Zoning Ordinance lot size minimum standards. In this case, the minimum standards will not be met. Staff suggested that the minor subdivision process be used, rather than requiring a preliminary/final plat which would be a significant additional expense to the Applicant. The Planning Commission at their December 8, 2022, meeting held a public hearing, took the Applicant’s and public’s testimony, and after consideration of the application, unanimously recommended approval with conditions. The recommended conditions are found below and in the City Council resolution. EXHIBITS The review is based upon the following submittals: Page 169 of 198 Exhibit 1: Planning Report with Exhibits – December 1, 2022 CONCLUSION / RECOMMENDATION Subject to their review, the Planning Commission recommended approval of the request for a variance from Subdivision Regulations and process, and variance for lot size and nd lot width to allow for construction on two single familylots at 15222 62 Street and nd 15XXX 62 Street. A resolution has been provided to the City Council for their consideration. 1. The landscape plans are subject to review and comments of the City Arborist. 2. The final grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 3. The proposed single family dwellings shallbe consistent and similar in style to what was proposed as part of the application packet. PC: Julie Hultman Page 170 of 198 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 JENNIFER CATES PETERSON OF CATES FINE HOMES LLC/SETAC PROPERTIES FOR A VARIANCE FROM SUBDIVISION REGULATIONS AND PROCESS AND A VARIANCE FROM LOT SIZE AND LOT WIDTH TO ALLOW CONSTRUCTION ND OF TWO SINGLE FAMILY HOMES AT 15222 62STREET AND ND 15XXX 62 STREET BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request fromJennifer Cates Peterson of Cates Fine Homes LLC/Setac Properties (Applicant) for a variance from Subdivision Regulations and process, and variance for lot size and lot width to allow for ndnd construction on two single family lots at 15222 62 Street and 15XXX 62 Street; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-2 Single FamilyDistrict in which single family uses and accessory detached structures are a permitted use; and 4. The site consists of one parcel at 5,382 square feet in size and another with 10,758 square feet. The property line is proposed to be moved to create two lots, one at 8,093 square feet, and the second one at 8,047 square feet. The proposed lots will not comply with lot size and lot width requirements of the R-2 District, requiring a variance; and Page 171 of 198 5. Section 401.15.C.1 Yard Requirements states the following: No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure. A variance for lot width and size shall be required; and 6. Section 402.01 G. Minor Subdivisions allow for an administrative approval if the new lots conform with the Zoning Ordinance lot size minimum standards. In this case, the minimum standards will not be met. A variance for Subdivision process shall be required; and 7. The setbacks, building heights and performance standards of the Zoning Ordinance for the proposed single family dwellings will be complied with; and 8. City staff prepared a planning report dated December 1, 2022, reviewing the request and the criteria for granting variances; and 9. Said report recommended approval of the Variances subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their December 8, 2022, meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Jennifer Cates Peterson of Cates Fine Homes LLC/Setac Properties (Applicant) for a variance from Subdivision Regulations and process, and variance for lot size and lot width to allow for construction on two single ndnd family lots at 15222 62Street and 15XXX 62Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved the City Council of the City of Oak Park Heights with the following conditions: 1.The landscape plans are subject to review and comments of the City Arborist. 2.The final grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. Page 172 of 198 3. The proposed single family dwellings shall be consistent and similar in style to what was proposed as part of the application packet. th Approved by the City Council of the City of Oak Park Heights this 13day of December 2022. ____________________________________ Mary McComber, Mayor ATTEST: ______________________________ Eric A. Johnson, City Administrator Page 173 of 198 ATTACHMENT B Variance for Subdivision Process And Variance for Lot Size & Width Cates Fine Homes LLC/Setac Properties nd 15222 and 15XXX 62 St. N. Application Materials Application Form Fees (applicable) Plan Sets Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (500’ from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing &Recommendation: December 8, 2022 Required Approvals: Planning Commission Majority Vote City Council Majority Vote Variance - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.04.C.4.1 and 2) Page 174 of 198 ATTACHMENT A Variance for Subdivision Process And Variance for Lot Size & Width Cates Fine Homes LLC/Setac Properties nd 15222 and 15XXX 62 St. N. Washington County Property Identification Numbers: 34.030.20.32.0143 34.030.20.32.0144 Legal Description:Lots 29-31, Block 16, McKenty’s Addition to Stillwater Physical Address: 15222 & 15XXX 62nd St. N. Page 175 of 198 THIS PAGE INTENTIONALLY LEFT BLANK Page 176 of 198 Oak Park Heights Request for Council Action Meeting Date Time Required: 5 Minutes Agenda Item Title:MAC- Lake Elmo Airport – Advisory Commission 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 ifother public bodies haveadvised): The City didparticipate in the JOINT AIRPORTZONING BOARD(JAZB)discussion as requested by the Metropolitan Airports Commission (MAC) over the past few yearswhich was a local stakeholder discussion outlining zoning overlay requirementsfor the Lake Elmo Airport and the vicinity. At thisprocess now moves towards application of such rules, the MAC isseeking a to create the Lake Elmo LocalAdvisoryCommission to ensure there isacontinuing conversation between their offices and the local community. According, theyare seeking two members from theCity of Oak Park Heights (and other members)to continue toserve on this Commission– One Memberand One Alternate. If the City would like to continue in this, the MAC isseeking a resolution of appointmentoftwo persons. Staff hasdraftedaresolution – attached – that the two Council members that participated in the JAZBprocess– MayorMcComberand Council memberMikeLiljegren for aTWO-YEARterm. OPUF;Tpnfcbdlhspvoejogpsnbujpogspn3132jtbmtpbuubdifegps sfgfsfodf/ Page 177 of 198 RESOLUTION___________ RESOLUTION AUTHORIZING PARTICIPATION IN THE LAKE ELMO AIRPORT ADVISORY COMMISSION AND APPOINTING A PRIMARY AND ALTERNATIVE REPRESENTATIVE FROM THE CITY TO THE COMMISSION WHEREAS,the City of Oak Park Heightshas been invited by the MetropolitanAirports Commission (MAC) to participate in the newly created Lake Elmo Airport Advisory Commission; and WHEREAS, participation in the Lake Elmo Airport Advisory Commission will providea forum for airport users, stakeholders and community members to interact and advise the Metropolitan Airports Commission on matters concerning the airport; and WHEREAS,as a member of the Lake Elmo Airport Advisory Commission, the CityCouncil can appoint a primary representative and an alternate to serve on the Commission for a two-year period; and, WHEREAS,itis in best interests oftheCitytoparticipate in the LakeElmo AirportAdvisory Commission and appointrepresentativesto serveon theCommission. THEREFORE,BEIT RESOLVED,thattheCity CouncilofOak ParkHeights, Minnesota, hereby authorizesparticipation in theLakeElmo AirportAdvisory Commission. BE IT FURTHER RESOLVED,thattheCity Councilhereby appointsMayorMaryMcComber as the primaryrepresentative andCouncilMemberMikeLiljegren asthealternate, toserveonthe LakeElmoAirportAdvisoryCommission on behalf of the Cityof Oak Park Heights for atwo-year term. Adopted by theOakPark HeightsCity Council this______day of. _____________________________ Mayor Mary McComber ____________________________ Attest: City Clerk Page 178 of 198 Page 179 of 198 February 12, 2021 Mr. EricJohnson Oak Park Heights City Administrator 14168 Oak Park Blvd North Oak Park Heights, MN 55082 Dear Mr. Johnson: The Metropolitan Airports Commission (MAC) invites the City of Oak Park Heightstoparticipate as a member of a newly formedLake Elmo Airport Advisory Commission(“Commission”). This Commission willsupport the ongoing efforts to engage the stakeholders of the Lake Elmo Airport community. This Commission will provide an open and balanced forum for strengthening relationships between MAC, airport users, stakeholders and the community. Theproposedmembership consists ofrepresentatives from surrounding cities, townships, Washington County, airport businesses, pilots and the ExperimentalAircraft Association. The role of the Committeewill be to participate in discussions about matters concerning the Lake Elmo Airport as well as share information with their respective communities about the Airport. The first meeting is anticipated to held during the second quarter of 2021, with quarterly meetings the remainder of the year. If necessary, virtual meetings will be held due to the health pandemic to be consistent with Governor Walz's directives. Attached are two documents providing more information about the Commission: 1) proposed draft bylaws;and2) draft annual work plan. We invitethe City of Oak Park Heightsto appoint a primaryrepresentativeand an alternate to serve onthis Commissionfor a twotwo--year termyear term. Please. Pleaseprovide formal appointment documentation (e.g., resolution or official letter). The representative must be vested to represent their entire constituency.MAC staffwill follow-up with a phone call to answer questions you may have about the commissionand discuss representation. We look forward to working with your appointed representatives over the next two years. Sincerely, Dana Nelson MAC Director, Stakeholder Engagement Cc:Joe Harris, MAC Director, Reliever Airports Page 180 of 198 ARTICLEI The name of this organization shall be the Lake Elmo Airport Advisory Commission, hereinafter referred to as the "Commission." By appointing representatives to this Commission, the appointing authorities do hereby endorse the purpose and goals as identified in these bylaws and authorize and support the Commission as an advisory body to the respective appointing bodies. ARTICLEII PURPOSE AND GOALS GOAL: This Commission is formed to further the general welfare of the community and the Lake Elmo Airport, apublic airport in the City of Lake Elmo, County of Washington, state of Minnesota, through minimizing or resolving problems created by the aircraft operations at the airport. PURPOSE:1. The Commission shall advise the community and the Metropolitan Airports Commission with regard to all matters affecting the Lake Elmo Airport, the classification, rules and regulations supplied to the operation of the Airport and the development of lands adjacent to the Airport. 2. The Commission shall cooperate with the Metropolitan Airports Commission staff in reviewing matters affecting the use and control of the Lake Elmo Airport. 3. The Commission shall make its recommendations to the Metropolitan Airports Commission regarding any proposal affecting the use or operations of Lake Elmo Airport. ARTICLEIII MEMBERSHIP 1.Officially designated representatives and their alternate representatives shall be appointed to serve for two (2) year terms and until their successor is appointed. Vacancy shall be filled by the appointing authority for a new two (2) year term commencing with the date of appointment of such successor representative. 2.In addition to the designated USER and PUBLIC Representatives (or their appointed alternate), non-voting membership to the Commission may include TECHNICHAL ADVISORS. Page 181 of 198 TECHNICAL ADVISORS – Officially recognized organizations or agencies may be called upon to advise the Commissionthat include: the Federal Aviation Administration (FAA), Minnesota Pollution Control Agency (MPCA), Metropolitan Airports Commission Board Members or staff, and any other organization or agency that can provide technical assistance to matters of interest to the Commission. 3.Voting membership of the Commission is as follows: PublicRepresentatives(Official City Council, Town Councilor County Appointment) One (1) representative from City of Bayport One (1) representative from BaytownTownship One (1) representative from City of Lake Elmo One (1) representative from City of Oak Park Heights One (1) representative from City of Stillwater One (1) representative from West LakelandTownship One (1) representative from WashingtonCounty UserRepresentatives(Airport Manager Appointment) Two (2) representatives from Experimental Aircraft AssociationChapter 54 Four (4) representatives from airport business or at-large airport user One (1) representative from airport FBO Both Public and Userrepresentativesmustbevestedtorepresenton behalf of their entire constituency and voteaccordingly. ARTICLEIV VOTING RIGHTS OF MEMBERSHIP 1.A quorum at all meetings of the Commission shall consist of attendance by three (3) USER REPRESENTATIVESand three (3) PUBLIC REPRESENTATIVES, or duly designated alternatives. 2.Each USER and PUBLIC REPRESENTATIVE, or a duly designated alternate, shall have one (1) vote. 3.The Bylaws may be amended by majority vote of membership provided that notice of such proposed amendments shall have been given ten (10) days prior to the Commission meeting. Voting may be conducted via email, or by members in attendance at a meeting in-person or through use of virtual collaboration tool. Page 182 of 198 ARTICLEV CO-CHAIRPERSONS The representatives shall elect by majority vote from membership present (in-person or through use of virtual collaboration tool) at the time of voting two (2) chairpersons; one (1) from the PUBLIC REPRESENTATIVE constituency and one (1) from the USER REPRESENTATIVE. The chairpersons will alternate conducting chairperson duties from one meeting to the next. The Chairpersons shall serve for a two (2) year term or until his/her representation on the Commission terminates, whichever occurs first; and until his/her successor is elected. The powers and duties of the Chairpersons are as follows: 1.To preside at all meetings of the Commission. 2.To call special meetings of the Commission as he/she deems necessary, or upon request by two (2) USER or two (2) PUBLIC REPRESENTATIVES. 3.To sign as Chairpersons of this Commission, with the approval of the membership, certifications and other papers and instruments in writing that may require such signature. 4.To perform such other duties and tasks as these Bylaws or as the membership shall from time to time prescribe. ARTICLEVI RULESOFORDER 1.All administrative support will be provided by a staff member of the Metropolitan Airports Commission. 2.All record retention will be provided by the Metropolitan Airports Commission. 3.Meetings will be held on a semi-annual basis at a minimum. 4.Membership will establish the location of meetings. 5.Roberts Rules of Order will preside on issues of disagreement. 6.Financing of the Commission initiatives relative to the respective constituencies will be provided by that constituencies appointing authority, or as other sources of funding are established. Page 183 of 198 LEAAC Draft Work Plan (2021-2022) 1.NAP and pilot guide 2.Airport 101 3.Noise 101 4.Environment 101 5.Mobile Noise Monitoring Study 6.Monitor developments on airport 7.Receive updates about Land-use developments (comp plan updates, etc.) 8.Airport Tour 9.Celebrate runway grand-openingSummer 2022 Page 184 of 198 Oak Park Heights Request for Council Action th Meeting Date December 13, 2022 Time Required: 5 Minutes Agenda Item Title: Consider request from MNDOT – Municipal Boundary Adjustment Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested: Discussion – Possible Action to Set Public Hearing. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached MEMO. Page 185 of 198 Oak Park Heights Request for Council Action MEMO 12/7/22 TO: Mayor and City Council members FROMEric Johnson, City Administrator st RE: MNDOT Request –Nov 1, 2022 MNDOT is seeking, in the above dated letter, to adjust the local municipal boundary lines – northwardly by 110 feet between the City of Stillwater and Oak Park Heights in areas located westerly of Oakgreen Ave – near Norell Ave. See HIGHLITHTED AREAS in YELLOW. Their logic, we understand…seeks to deal with a few issues: 1.A portion of the NealAve. / Frontage road being in Stillwaterwould be addressedas it may add complexity to what entity is responsible for maintenance should an issue arise. 2.To find a mid-point along STH36 as the current SECTION LINE is not in alignment to the WEST of STW. Blvd. 3.Facilitate a Turn-back to the City of these frontage roadsbetween Oakgreen and just west of Norrell Ave. The Council will recall that this was previously sought by MNDOT but also included lands to the east of Oakgreen Ave. It was the lands east of Oakgreen that had additional parcel impacts to private property owners and involved some complex perspectives for lands lying in the easterly South Frontage Road – likely related to future concepts of municipal costsand consent. In light of this, MNDOT has newlyinquired if the City of Oak Park Heights would beamenable to only these westerly landsas shown in YELLOW and a planned turn-back of these areas to the City. The City already has accepted certain (if not all) maintenance responsibilities formost ofthese areas (In yellow) as outlined in the MNDOT AGREEMENT: # 76528 and this action would be necessary for executing future turn-back request.However the eastern 1,300 feet is NOT covered under such Agreement and essentially remains MNDOT responsibility (except snow /iceas part of Agreement #01432). REQUESTED ACTION: As there can be complexities to a TURN-BACK AGREEMENT, including ensuring facilities suggested to be turned back to the City are in good condition and avoids any future State claw-back provisions; therefore …an action limited to only a jurisdictional changewouldnot specifically commit the City to any further actionfor a turn-back, but would facilitate addressing the above issuesat a future datesubject to some future agreement. Staff does understand that MNDOT is eager to pursue aturn-back agreement for these areas, but is not a decision the City Council is required to entertain now. If the City Council is comfortable with a jurisdictional change for the areas shown in yellowabove…it can affirm that position to STAFF and we will loop back with MNDOT and Stillwater and set a course for the more formal process – which ultimately will include RESOLUTIONS and actions with the State and ultimately an AdministrativeLaw Judgeas Noted in MN STAT. 414.061 – etc. See -- excerpt from LMC Handbook. Page 186 of 198 Page 187 of 198 Page 188 of 198 Page 189 of 198 Page 190 of 198 A nretsewhtroN ev evA lleroN evA notgnihsaW evA doogsO tS yeleerG Page 191 of 198 Seasonal cart fee: $125.00 (includes up to five additional paper-biodegradable bags) On-call/as-needed fee: $4.00 per paper-biodegradable bag. Must be scheduled by 9am on the Monday before service day. Page 192 of 198 Oak Park Heights Request for Council Action th Meeting Date December 13, 2022 Time Required: 5 Minutes Agenda Item Title: Approve Developer’s Agreement – Siegfried Construction – Purchase of City Property 5416 Stagecoach Trail Agenda Placement Old 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): As part of the continued sale process of the 1.45 acre “BELL PROPERTY” along Stagecoach Ave.; the City and Buyer anticipate a closing the last week of December which is to be consistent with the approved terms and conditions of the Purchase Agreement. That Purchase Agreement had three key elements outlined in the Addendum To Commercial Purchase Agreement (attached) . 1. A price of $150,000. 2. Secure necessary Zoning / Site Plan Review and Approval 3. Finalization of final Developer’s Agreement. The Buyer did complete and secure a general Conditional Use Permit that outlined the anticipated scope of the project and is the established expectation for construction. The pending Developer’s Agreement – copy enclosed – then advances these expectations with timelines and conditions necessary to ensure compliance. In short, it is expected that the buyer has 24 -36 months to complete the project and should this not occur (or in the way permitted in the CUP) the City would have certain penalties to enforce on the Buyer. At this time, Staff is still developing Developer’s Agreement to meet the established expectations of the City Counciland CUP – we expect to have that available by the afternoon of 12/13/22 for Council review. Page 193 of 198 Page 194 of 198 Page 195 of 198 Page 196 of 198 Page 197 of 198 Page 198 of 198