HomeMy WebLinkAbout11-14-2022 Council Packet
CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
MONDAY, NOVEMBER 14,2022
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 orconcerns on issues notpart of the regularagenda (Please
limitcomments to 3 minutes in length).
6:10p.m.IV.Consent Agenda(Roll Call Vote)
A.ApproveBills& Investments
B.Approve City Council Worksession Notes October 25, 2022 (pg.5)
C.Approve City CouncilMinutesOctober 25, 2022(pg.7)
6:15p.m.V.PublicHearings
6:15p.m.VI.OldBusiness
A.Osgood Ave North Bound (N.B) Turn Lanes Onto W.B. TH 36(pg.11)
6:20p.m.VII.NewBusiness
A.Approve Change Order#2 2022Mill and Overlay Project(pg.15)
B.Croixview Holdings, LLC George Siegfried Construction Company Office
Building Conditional Use Permit,Outside Storage, Design Guidelines/Site Plan
Review 5416Stagecoach Trail North(pg.57)
C.Consider Ordinance Amendments Related to Day Care Nursery Facilities(pg. 59)
D.Consider Policy on Public Speaking at City Council and Commission Meetings
(pg.59)
E.City Hall Parking Lot Amendments Roundabout Update(pg.65)
F.Canvass Election Results from the November 8, 2022 General Election(pg. 69)
6:40p.m.VIII.Other CouncilItemsor Announcements
6:45p.m.IX.Adjournment
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Oak Park Heights
Request for Council Action
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Meeting Date November 14, 2022
Time Required: 5 Minutes
Agenda Item Title: OSGOOD AVE – NORTH BOUND (N.B.) TURN LANES ONTO W.B.
TH 36
Agenda Placement Old Business
Or
iginating Department/Requestor: Mary McComber, Mayor
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 this intersectionremains a concernas there can be traffic back-ups southwardly to CSAH 26
and south of Holiday Gas Station; I had inquired to City Staff if we had received any formal
response to this inquiry – see enclosed – as sent in August 2019. At this time Staff does not recall
the receipt of a formal response.
However, now that the County and MNDOT have relocated the frontage roadway (behind
Carbone’s) and additional development to the south at CSAH 14 and Osgood Ave.; it may be
appropriate for the Council to consider resending a communication that advocates for an
additional west-bound turn lane.
Please see enclosed letter that was sent in 2019.
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Oak Park Heights
Request for Council Action
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Meeting Date November 14, 2022
Time Required: 1 Minutes _____________________
Agenda Item Title: Approve Change Order #2 – 2022 Mill and Overlay Project
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester’s Signature
Action Requested Approve Change Order #2 – 2022 Mill and Overlay Project
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Lee Mann, City Engineer
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Memo
To:Eric Johnson, City AdministratorFrom:Lee M. Mann, P.E.
City of Oak Park HeightsCity Engineer
File:193805489Date:November 9, 2022
Reference: 2022 Mill and Overlay and Pedestrian Improvements Project – Change Order #2
Eric,
The attached Change Order #2 reflects several changes to the bid quantities and scope of the above-
referenced project.
During pre-construction inspections of the existing structures within the roadway, it was discovered that
several gave valve box pieces were broken and/or damaged. The contractor replaced these pieces prior to
paving. The cost of furnishing and installing the gate valve box components is reflected in Part A of the
attached Change Order.
In addition, several manholes had a substantial amount of adjustment rings (roughly 2-feet in depth). It is
general practice to minimize the depth of adjustment rings to between 3” and 12”. To accomplish this, the
contractor installed 12” high concrete barrel sections on several of the structures. This practice minimizes the
number of seams in the structure and rings. Drainage has the potential to infiltrate through these seams and
cause damage to the structure. The cost of furnishing and installing these additional sections is reflected in
Part B of the attached Change Order.
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Finally, additional paving was required along the 58 street bituminous path. Upon completion of the trail
paving, there were several boulevard areas that City staff felt would be difficult to maintain, as well as pose a
potential risk for damage from plowing. These small areas were paved at the contract unit price. This
additional paving cost is reflected in Part C of the attached Change Order.
In total, this change order adds approximately $10,600 to the total cost of the project. The original contract
price was $1,014,203.93. The revised contract price with the approval of Change Order #1 was
$1,023,677.45. The estimated final construction cost, including this Change Order #2 is $1,015,000.
Let me know if there are any further questions.
Stantec Consulting Services Inc.
Lee M. Mann, PE MN, WI, CA
Principal
Phone: 612-712-2085
Lee.Mann@stantec.com
c. file
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Owner: City of Oak Park Heights, 14168 Oak Park Blvd, Oak Park Heights, MN 55082
DateNovember 2, 2022
Contractor: T.A. Schifsky & Sons, Inc., 2370 E. Hwy 36, North St. Paul, MN 55109
CHANGE ORDER NO. 2
2022 Mill and Overlay and Pedestrian Improvements
STANTEC PROJECT NO. 193805489
Description of Work
This Change Order provides for the following:
Part A: Replace damaged gate valve box components.
Part B: Reconstructe Manholes.
Part C: Bituminous Patching on 58th Street Trail
ContractUnitTotal
No.ItemUnitQuantityPriceAmount
CHANGE ORDER NO. 2
PART A: NEW GATE VALVE BOX COMPONENTS
1REPLACE VALVE BOX LIDEACH1$55.00$55.00
2REPLACE VALVE BOX TOP SECTIONEACH11$157.00$1,727.00
3REPLACE VALVE BOX MIDDLE SECTIONEACH2$133.00$266.00
TOTAL PART A: NEW GATE VALVE BOX COMPONENTS$2,048.00
PART B: RECONSTRUCT MANHOLES
427" X 12" MANHOLE SECTIONEACH9$500.00$4,500.00
5RECONSTRUCT EXISTING MANHOLE CONEEACH1$500.00$500.00
TOTAL PART B: RECONSTRUCT MANHOLES$5,000.00
PART C: BITUMINOUS PATCHING ON 58TH STREET TRAIL
6BITUMINOUS PATCH SPECIALSQ YD142$25.00$3,550.00
TOTAL PART C: BITUMINOUS PATCHING ON 58TH STREET TRAIL$3,550.00
CHANGE ORDER NO. 2 SUMMARY
PART A: NEW GATE VALVE PIECES$2,048.00
PART B: RECONSTRUCTING MAN HOLES$5,000.00
PART C: BITUMINOUS PATCHING ON 58TH STREET TRAIL$3,550.00
TOTAL CHANGE ORDER NO. 2$10,598.00
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193805489CHO2.xlsm
Original Contract Amount$1,014,203.93
Previous Change Orders$9,473.52
This Change Order$10,598.00
Revised Contract Amount (including this change order)$1,034,275.45
CHANGE IN CONTRACT TIMES
Original Contract Times:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Increase of this Change Order:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Contract Time with all approved Change Orders:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Recommended for Approval by:
STANTEC
Date:
Approved by Contractor:Approved by Owner:
T.A. SCHIFSKY & SONS, INC.CITY OF OAK PARK HEIGHTS, MN
11/9/2022
DateDate
cc: Owner
Contractor
Bonding Company
Stantec
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193805489CHO2.xlsm
Oak Park Heights
Request for Council Action
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Meeting Date November 14, 2022
Time Required: 5 Minutes _____________________
Agenda Item Title: Croixview Holdings, LLC - George Siegfried Construction Company
Office Building - Conditional Use Permit, Outside Storage, Design
Guidelines/Site Plan Review - 5416 Stagecoach Trail North
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 from Scott Richards, City Planner:
rd
1.Planning Report – dated: November 3, 2022
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NOTE: Due to the election held on November 8, the City Council meeting for such date was
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moved to Nov 14 so that results can be “certified” by the City Council as required. This then
may result in the possible cancellation of the 11/22/22, but then necessitates the need to advance
this consideration forward by one week, reducing the time available for staff to prepare any final
finding that may come from the Planning Commission and/or its own recommendations. The
further addition of VETERAN’S DAY offers a further time constraint. Accordingly, these
documents below should be considered as “DRAFTS” and subject to change.
2.Planning Commission – Summary Memoand Findings – DRAFTS ARE ENCLOSED
SUBJECT TO FINAL PLANNING COMMISSION ACTION - Available 11/14/22.
3.Proposed City Council Resolution – DRAFTS ARE ENCLOSED ALSO SUBJECT TO
FINAL PLANNING COMMISSION ACTION and COUNCIL ACTIONS.
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PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: November 10, 2022
RE: Oak Park Heights – Croixview Holdings, LLC – George Siegfried
Construction Company Office Building – Conditional Use Permit,
Outside Storage, Design Guidelines/Site Plan Review – 5416
Stagecoach Trail North
TPC FILE: 236.02 – 22.10
BACKGROUND
Tim Siegfried of Croixview Holdings, LLC (Applicant) has made an application for
construction of a new office building and warehouse buildingat 5416 Stagecoach Trail
North. The property is owned by the City and is located between the Minnesota
Correctional Facility Stillwater and Perro Pond. The application consists of requests for
a Conditional Use Permit to allow for outdoor storage and Site Plan/Design Guidelines
review. The property is currently undeveloped.
The site is 1.45 acres in size with partial tree cover and is zoned B-W Business
Warehouse District. The proposed building will have a 3,900 square foot office and
12,100 square feet of indoor heated warehouse space for a general contracting
company.
The Planning Commission at their November 10, 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.
Note: The plans that have been submitted to date are in a preliminary format. The
Applicant has requested the Conditional Use Permit review of conceptual plans so that
there is an assurance that the project can move forward prior to securing the property. If
the Conditional Use Permit is approved, the final plans will be produced and reviewed
by the Planning Commission, with final approval by the City Council. In that the City is
the property owner, the City Council will have the final decision in approval of the land
sale, developer’s agreement, and plans.
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EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits – November 3, 2022
CONCLUSION / RECOMMENDATION
Subject to their review, the Planning Commission recommended approval of the
following listed requests for construction of a new office building and warehouse
building at 5416 Stagecoach Trail North. A resolution has been provided to the City
Council for their consideration.
Conditional Use Permit for Outdoor Storage
Site Plan/Design Standards Review
1. Final plans shall be provided including details on screening, landscaping,
grading, drainage, utilities, lighting, mechanical screening, signage, and
any site or building changes subject to review of the Planning Commission
and approval of the City Council.
2. The access points are subject to review and approval of Washington
County.
3. The final 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.
4. All lighting fixtures shallbe full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance. The final plans shall be
subject to City Staff.
5. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
6. The final berming, landscape, fencingand tree removal/replacementplans
are subject to review and approval of the City Arborist.
7. All signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards.
8. All noise generated from the store shall be compliant with Section
401.15.B.11 of the Zoning Ordinance. The service doors to the building
shall be always closed except when vehicles are moved in and out of the
warehouse building.
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9.Hours of operation shall be limited to 6:00 AM to 9:00PM Monday through
Friday, and 7:00 AM to 5:00 PM Saturday and Sunday
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 façade materials and in accordance
with Section 401.15.E.10.e of the Zoning Ordinance.
11. The Planning Commission was favorable to the building design,
transparency of the front facade and compatibility with the Design
Guidelines.
12. The Planning Commission was favorable to the building material selection
and colors and the Applicant shall provide building material samples for
Planning Commission and City Council review.
13. 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.
14. The Applicant shall dedicate to the City at no cost an easement on the
subject property, as required by the City Engineer, to accommodate a six
(6) foot trail as shown in the Conceptual Landscape Plan. The timeline for
such trail construction is unknown at this timeand is anticipated to be in
coordination with a future Washington County regional trail project. This
condition and easement may be voided by the City in its related
documentation in event Washington County does not provide two access
points onto Stagecoach Trail North as shown on the Site Plan.
PC: Julie Hultman
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ATTACHMENT A
Conditional Use Permit
For
Outside Storage
And
Design Guidelines/Site PlanReview
For
New Office Building & Warehouse
Croixview Holdings LLC
5416 Stagecoach Trail, N.
Washington County Property Identification Number: 03.029.20.31.0002
Physical Address: 5416 Stagecoach Trail, N.
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ATTACHMENT B
Conditional Use Permit
For
Outside Storage
And
Design Guidelines/Site Plan Review
For
New Office Building & Warehouse
Croixview Holdings LLC
5416 Stagecoach Trail, N.
Application Materials
Application Form
Fees
Plan Sets
Written Narrative and Graphic Materials Explaining Proposal
Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: November 10, 2022
Conditional Use Permit:
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)
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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 TIM SIEGFRIED OF CROIXVIEW HOLDINGS, LLC
FOR CONDITIONAL USE PERMIT AND DESIGN
GUIDELINES/SITE PLAN REVIEW FOR A NEW OFFICE
BUILDING AND WAREHOUSE AT 5416 STAGECOACH TRAIL
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Tim Siegfried of
Croixview Holdings for a Conditional Use Permit to allow for outdoor storage and
Design Guidelines/Site Plan reviewfor construction of a new office building and
warehouse at 5416 Stagecoach Trail 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.
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 B-W, Business Warehouse District. Office
buildings and warehouses are a permitted use, and a Conditional Use Permit is required
to allow outdoor storage; and
4. The plans that have been submitted to date are in a preliminary format.
The Applicant has requested the Conditional Use Permit review of conceptual plans so
that there is an assurance that the project can move forward prior to securing the property.
If the Conditional Use Permit is approved, the final plans will be produced and reviewed
by the Planning Commission, with final approval by the City Council; and
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5. Design Guideline/Site Plan approval is required for the new building and
site improvements; and
6. City staff prepared a planning report dated November 3, 2022, reviewing
the request; and
7. Said report recommended approval of the Conditional Use Permit, and
Design Guidelines/Site Plan review subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their November 10,
2022, 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 Tim Siegfried of Croixview Holdings for a
Conditional Use Permit to allow for outdoor storage and Design Guidelines/Site Plan
review for construction of a new office building and warehouse at 5416 Stagecoach Trail
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 Outdoor Storage
Site Plan/Design Standards Review
1. Final plans shall be provided including details on screening, landscaping,
grading, drainage, utilities, lighting, mechanicalscreening, signage, and
any site or building changes subject to review of the Planning Commission
and approval of the City Council.
2. The access points are subject to review and approval of Washington
County.
3. The final 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.
4. All lighting fixtures shall be full cut off and installed in compliance with
the lighting standards of the Zoning Ordinance. The final plans shall be
subject to City Staff.
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5. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
6. The final berming, landscape, fencing and tree removal/replacement plans
are subject to review and approval of the City Arborist.
7. All signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards.
8. All noise generated from the store shall be compliant with Section
401.15.B.11 of the Zoning Ordinance. The service doors to the building
shall be always closed except when vehicles are moved in and out of the
warehouse building.
9. Hours of operation shall be limited to 6:00 AM to 9:00 PM Monday
through Friday, and 7:00 AM to 5:00 PM Saturday and Sunday
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 façade materials and in accordance
with Section 401.15.E.10.e of the Zoning Ordinance.
11. The Planning Commission was favorable to, and the City Council
approves the building design, transparency of the front facade and
compatibility with the Design Guidelines.
12. The Planning Commission was favorable to, and the City Council
approves the building material selection and colors.
13. 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.
14. The Applicant shall dedicate to the City at no cost an easement on the
subject property, as required by the City Engineer, to accommodate a six
(6) foot trail as shown in the Conceptual Landscape Plan. The timeline for
such trail construction is unknown at this time and is anticipated to be in
coordination with a future Washington County regional trail project. This
condition and easement may be voided by the City in its related
documentation in event Washington County does not provide two access
points onto Stagecoach Trail North as shown on the Site Plan.
Approved by the City Council of the City of Oak Park Heights this 14th day of
November 2022.
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____________________________________
Mary McComber, Mayor
ATTEST:
_________________________________
Eric A. Johnson, City Administrator
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ATTACHMENT A
Conditional Use Permit
For
Outside Storage
And
Design Guidelines/Site PlanReview
For
New Office Building & Warehouse
Croixview Holdings LLC
5416 Stagecoach Trail, N.
Washington County Property Identification Number: 03.029.20.31.0002
Physical Address: 5416 Stagecoach Trail, N.
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ATTACHMENT B
Conditional Use Permit
For
Outside Storage
And
Design Guidelines/Site Plan Review
For
New Office Building & Warehouse
Croixview Holdings LLC
5416 Stagecoach Trail, N.
Application Materials
Application Form
Fees
Plan Sets
Written Narrative and Graphic Materials Explaining Proposal
Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: November 10, 2022
Conditional Use Permit:
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)
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Oak Park Heights
Request for Council Action
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Meeting Date November 14, 2022
Time Required: 5 Minutes
Agenda Item Title: Consider Ordinance Amendments Related to Day Care Nursery Facilities
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):
For some time, staff has issued DAY CARE NURSERY FACILITIES permits under a SPECIAL
HOME OCCUPATION permit which requires a CONDITIONAL USE PERMIT. There are
four known facilities in the City.
Recently an application was submitted that was generally complete and the applicant sought to
commence their services immediately and was not aware that such process would require a CUP
process – or about 60 days +/-. In reviewing those related ordinances, it was discovered that there
are some confusing, elements towards a clean reading and required rules and process.
For example:
Under City Ord. 401.22 Day Care Facilities are a “Permitted” use, but are required to
secure a Conditional Use under a SPECIAL HOME OCCUPATION USE – see 401.15
M. 3. C
401.15 N.1 outlines that it shall be “..processed as a home occupation”. Thus not
requiring a Conditional Use Permit process.
In light of this, Staff would offer some possible changes to consider, they key aspect being that a
Day Care Nursery Facility would be a HOME OCCUPATION not requiring a Conditional Use
Permit (or such process), but is limited to the underlying zoning rules and the additional rules as
outlined in 401.15 N. Such changes would make the securing of a Day Care Nursery Facilities
easier for applicants and staff to process. (See proposed DRAFT language attached)
REQUESTED ACTION: As this is a ZONING AMENDEMENT, it would require a public
hearing prior to any Council final adoption. Thus, direct Staff to finalize a proposed
amendment and hold a public hearing with the Planning Commission with final form to be
brought back to the City Council not later than January 2023.
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Oak Park Heights
Request for Council Action
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Meeting Date November 14, 2022
Time Required: 1 Minute
Agenda Item Title: CONSIDER - POLICY ON PUBLIC SPEAKING AT CITY COUNCIL
AND COMMISSION MEETINGS
Agenda Placement New Business
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested: Discussion, Possible Adoption.
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
The City Council has discussed the concepts of formalizing the expectations of itself, the City’s
Commissions and the general public related to engagement with persons desiring to speak during
the Open Forum (“VISITOR’S Section”).
The overall goal was to ensure that this option remains in place, but that there is need of some
clarifications that:
o Outline reasonable time restrictions
o Ensure a non-duplicative “public hearing” process
o Outline expectations of decorum and discussion/action rules
Following the Council Worksession on 10-25-22, the enclosed Policy includes the noted
revisions in HIGHLIGHT & UNDERLINE.
Staff would recommend final adoption and would implement these policies immediately.
The Policy would be added to the Council / City’s General Policy documents.
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POLICY ON PUBLIC SPEAKING AT CITY COUNCIL AND COMMISSION
MEETINGS
Public comment at City-hosted meetings is an essential part our democratic process and allows
Council and Commission members to have a chance to hear other perspectives and information.
Public comment should not be interpreted as participation in council or commission meetings
and deliberations without restrictions. These individuals are the duly elected and appointed
persons who must perform challenging tasks and make decisions where some parties may be
dissatisfied.
Therefore, reasonably managing public comment at City meetings is necessary. By adopting the
following Public Comment Policy, Council Members and Commissioners, and members of the
public, can have clarity on the expectations of those giving public comment, audience members,
elected and appointed officials, and staff.
City Policies on Public Speaking and Communicating at a City Council or other Commission
(1)
Meeting are as follows and shall generally govern all City sponsored meetings :
General Policy
It is not the intention of this Policy to establish a “public hearing” for all matters
found on an agenda or to replicate a public hearing already held. However, the City
Council and other City Commissions shall include a provision on their agenda to
allow public comment for items that may or may not be on the agenda. This
comment period shall take the following form upon each agenda posting:
“Public Comment Period: This is an opportunity for the public to address the
Council with questions or comments on issues that are, or are not, part of the
regular agenda. Comment is limited to three minutes.”
b)This Policy shall be posted in City Council chambers at the podium, next to the City
Clerk near the sign-in sheet, and near the main doorway.
c)The total cumulative time for the Public Comment Period shall be limited to sixty
(60)-minutes with a time limit of up to three-minutes per person, which is not
transferable among speakers. The Mayor/Chair may extend the sixty-minute or three
minute time limit(s) with the majority approval of the Council/Commission.
d)For topics raised during or under the Public Comment Period, the City Council and
Commissions are expected to not take specific action on any matters raised. Rather,
the Council and Commission is to refer the matter to the appropriate Staff or other
appropriate entity for further review and possible action on a future agenda.
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II.Members of the Public and Speakers Policy
a) During the Public Comment Period any person seeking to offer public comment on
any topic (including those on the agenda) must sign-in prior to the meeting with the
City Clerk to ensure timely transition between speakers. The sign-in sheet requests
the applicant’s name, address, and the agenda item or topic subject.Speakers will be
called in the order they are listed on the sign-in sheet/called by topic as best directed
by the Mayor/Chair.
b) Speakers must come to the podium (or a designated space) to be first recognized to
speak. Exceptions will be made if someone is physically unable to stand for three
minutes, are wheelchair bound, or cannot reach the podium. Speakers with such (or
other) limitations should notify the City Clerk as soon as possible so reasonable
accommodations can be made.
c) Speakers must first introduce themselves and if they are speaking on behalf of a
business or non-profit entity, the name of the entity and their entity’s address or
proposed site. Introductions will be a part of the three-minute time-period. Once a
speaker’s three minutes has expired, no further commentary will be allowed from that
speaker.
d) At no time will members of the audience, including an applicant or person party to an
agenda item, be permitted to engage with the Mayor, Chair, Council, Commission
members, staff or speaker. Subject to the additional terms of this Policy, all speakers
must first be duly recognized by the Mayor/Chair and may only speak from the
lectern.
e) Comments provided by any speaker must be delivered respectfully and without use of
profanity, threats, or defamation of members of the public, applicants, or City
representatives. The Mayor/Chair will provide one warning to any speaker of a
violation with a second (or continued) violation resulting in removal from the
meeting. The Council and/or Commission may take further action as may be
necessary to ensure the safety and integrity of its members, its established duties and
continuity of discussion.
f) Props, demonstratives, handouts to Council or Commission members, and
presentations are allowed, but must be provided to the City Clerk when the speaker is
signing up. Presentations that may require audio/visual support, must be provided to
the City Clerk at least twenty-four hours before such meeting and in a fashion that is
supported by City technology:
The City utilizes MICROSOFT products – such as POWERPOINT, WORD and
EXCEL and is not able to convert or coordinate presentations or ensure internet
connectivity. The City coordinates its technology for overhead presentations with the
local Cable Station – Valley Access - and can experience technicaldifficulties from
time to time and so it is recommended that a secondary “paper” option be available
should audio/visual technology be unavailable.
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g) Props (such as signs) used in a way to threaten Council or Commission members, the
general public or disrupt the public meeting may result in the person with such
prop(s) to remove such prop from the Council Chamber or being asked to leave or
they may be removed by the public safety official. Speakers that engage in disruptive
conduct, including speaking too long after being informed of the time limit,
suggesting or engaging in violence, being unduly repetitious, or preventing the
Council from accomplishing its business in a reasonably efficient manner, or
interfering with the rights of other speakers, will be asked to leave the Council
Chamber
h) Speakers will not be permitted to personally attack Commission and Staff members.
Personal attacks are defined as attacking the manner in which a Commissioner or
staff member carries out their duties. If a speaker insults, demeans, personally attacks,
or calls into question the integrity of a Commission, Council, or Staff member(s), the
mentioned individual(s) will immediately be allowed three minutes to respond to the
comment. No further response capacity will be provided to the speaker. If the speaker
becomes disruptive of the meeting after or during the response, the speaker may be
removed.
III. City Council and Commission Policy
a) For City Commissions: Commission members will only listen during the comment
period. If questions arise because of information learned from public comments, the
Commission may ask staff or direct staff to look into the issue and report-back to
such entity at a future meeting. This could include staff engaging with the speaker
after the meeting. Failure to comply with this policy will be reported to the City
Council. The first violation of the policy will be a warning from the City
Administrator or City Attorney. The second violation of the policy will be referred to
the City Council for review, which depending on the violation, could include
removal from the Commission.
or City Council: The City Council should only listen during the comment period.
b) F
If questions arise because of information learned or questions raised from public
comments, the Council may ask staff or direct staff to look into the issue – see
Section I.d. above. Deviation from this this Policy may be granted by the Council to
ask a question of the speaker if staff does not know the answer and the issue is time-
sensitive in the opinion of the Council and where waiting to determine the answer
may unreasonably stall Council action.
otwithstanding the above policies, the City Council and Commission members
c) N
may ask questions of applicants if questions cannot first be answered by Staff. Such
questions must be narrowly tailored and limited to factual questions that staff are
unable to answer. Council or Commission questions may not be so designed or
intended to enable broad presentations or advocacy from an applicant or person party
to an agenda item. Any responses to be provided must be made at the lectern and
after recognized by the Mayor/Chair.
d) During the Public Comment Period, the speakers should monitor their time to remain
under three minutes. The City Clerk, or other designated City staff member will be
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responsible for monitoring the time designated to each speaker and alerting the
Mayor/Chair that the speaker’s time has expired.
e) Council and Commission Members and Staff must remember that they represent the
City. Thus, comments and responses to an speaker’s comments should be respectful
and should not reference the speaker, rather the questions, ideas, and comments
raised in their remarks. Commission members’ comments that are contrary to this
policy and the values of the City will be reported to the City Council. The first
violation will be a warning from the City Administrator. The second violation of the
policy would be referred to the City Council for review and, depending on the
comment, could include removal from the Commission. Council members, if in
violation of the policy, will receive a warning from the Mayor. The Mayor, if in
violation of the policy, will receive a warning from the Mayor pro tem. The second
violation of the policy, depending on the violation, could include a vote by the
Council to censure the member.
IV.Implementing the Policy
a) It is the obligation of the Mayor/Chair to maintain order of the meeting and to
ensure the City’s policies are followed. It is the obligation for all members to honor
the role of the Mayor/Chair in maintaining order. It is the obligation of the members
and staff to advise the Mayor/Chair if rules are not being followed or if the speaker
(or others in the chamber) is exhibiting behavior or language inconsistent with this
Policy.
b) Members of the public, including applicants for a project before the Council or
Commission, that are disruptive to the functions of the City Council or Commission
may be asked to leave or removed from the meeting by a public safety official.
c) The City shall use Rules of Process (Robert’s Rules) to assist the Mayor/Chair
maintain order, i.e. Point of Order or Point of Information. Generally, the City
follows the most recent publication of Robert’s Rules of Order. Information about
Point of Order, Point of Information, and Point of Personal Privilege shall be
provided next to the policy in the Council Chamber. A handout on the applicable
Robert’s Rules of Order will be available upon request to the City Clerk. Questions
about Robert’s Rules should be directed to the City Clerk; members of the public
should ask the questions, when possible, prior to the meeting.
(1) NOTE: When there is a duly published and established formal PUBLIC HEARING not typically found under
a PUBLIC COMMENT PERIOD, the Mayor/Chair shall enable reasonable means for all persons (including
applicants) desiring to share their viewpoints under such established public hearing process where input is
sought from the public on a specific matter. Otherwise, all City meetings shall generally follow the elements of
this Policy related to decorum, respectfulness and facilitating productive meetings.
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Oak Park Heights
Request for Council Action
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Meeting Date November 14, 2022
Time Required: 5 Minutes
Agenda Item Title: City Hall Parking Lot Amendments – ROUNDABOUT Update
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):
There is an incidence of drivers – both commercial and passenger vehicles - that violatethe ONE WAY
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signage and head eastbound on 57Street from the City Hall Parking Lot / Oak Park Blvd. City Police
staff does provide regular enforcement of this action, but of course cannot be at this site at all times.
Moreover, closing this access-way west-bound, would require drives to find alternative routes to
Oakgreen Ave or the Frontage Road. Or, the concept of opening up for two way traffic could create other
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issues for 57Street via the generation of non- local traffic looking to avoid STH to connect to Osgood
Ave.
These concerns noted,the complaints received by the City generally relate, while yes there will always
be violations of this direction of travel, it is that some drivers are moving “…very fast…” through this
area. Accordingly, and largelyas an experiment - staff has installed 6-7 cones to prevent this direct travel
route at some speedand it seems to be received well and – at least anecdotally, reduced the violations and
reduced the speed.The cones themselves do not stop all violations, but it make the practice of the
violation much more difficult.
These cone however cannot remain there permanently and would be lost in the snow-plowing season.
Thus, the City could consider the installation of some new permanent curbing and elements that would
replace these cones. Please see the enclosed proposal from the CIty Engineer that would prepare a plan
and ensure the routes around the ROUNDABOUT would remain usable for all reasonably expected
vehicle sizes, but would also permanently reduce the ability to drive straight-through.
Staff Recommendation: Approve the proposal from STANTEC to develop and curb-concept for
approval and if it is acceptable to the City, to then develop a Dimensioned plan that could be used
for bidding in 2023.
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November 8, 2022
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 – Curb Addition at City Hall Traffic Circle
Dear Eric,
This letter constitutes the Scope of Services for Professional Services between the City of Oak Park
Heights and Stantec Consulting Services Inc. for providing a concept drawing and dimensioned plan for a
curb addition at the traffic circle at City Hall. The purpose of the curb addition is to discourage traffic from
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Street North. The City is currently using
illegally traversing easterly from the traffic circle to 57
removable cones to address the issue.
The total estimated hourly not-to-exceed (without prior authorization) fee for these services is $4,000.
Task descriptions and a fee summary are provided below.
Task 1: Produce Curb Addition Concept
This task includes the following:
Conduct Teams meeting with City staff to discuss desired deliverables
Produce one (1) concept drawings showing proposed curb alignment at the traffic circle
Task 2: Produce Dimension Plan
Provide a dimensioned plan to assist contractor in curb installation
The fees (hourly not to exceed without authorization) for the tasks outlined above are as follows:
Task 1 – Produce Curb Addition Concept $2,040
Task 2 – Produce Dimensioned Plan $980
Additional assistance (if needed) $980
Total Estimated Fee $4,000
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This letter and Scope of Services described above 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.
If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and
return one copy to our office.
CITY OF OAK PARK HEIGHTS
By
PrintName and Title
Date
If you have any questions, need additional information, or wish to discuss this matter in greater detail,
please contact us. Thank you for the opportunity to provide these services.
Regards,
Stantec Consulting Services Inc.
Lee M. Mann, PE MN, WI, CA
City Engineer
Phone: 612-712-2085
Lee.mann@stantec.com
c. file
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