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Home My WebLink About04-11-2023 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, APRIL 11,2023AT6:00PM CITY HALL COUNCIL CHAMBERS 6:00p.m.I.Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:05p.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 This is an opportunity for the public to address the Council with questions or concerns on issuesthat are orare notpart of the regular agenda (Please limitcomments to 3 minutes in length). A.2022City Annual Financial Statement(pg.5) 6:15p.m.IV.Consent Agenda(Roll Call Vote) A.ApproveBills & Investments B.Approve City Council Minutes March 28, 2023(pg.19) C.Award Spring 2023 Ash Tree Removals and Stump Grinding Project to SavATree (pg.23) D.Authorize Reimbursement of Travel CostsRelated to Future ETAC(pg.47) E.AuthorizeReimbursementof Travel Costs Related to Regional Council of Mayors (pg.49) F.Adopt Resolution for Fair Housing Month(pg.51) G.Authorize the St. Croix Crossing Half Marathon July 29, 2023 (pg.55) 6:20p.m.V.PublicHearings 6:20p.m.VI.OldBusiness A.MNDOT Municipal Boundary AdjustmentJoint Resolution (pg.71) 6:25p.m.VII.NewBusiness A.Set Date, Time and Location for 2023 Party in the Park(pg.77) nd B.No Parking Zone 62St N (West of CSAH 24/Osgood Ave N) (pg.79) C.Brekke Park Ball Field Backstop Replacement & Grant Award (pg.83) 6:50p.m.VIII.OtherCouncil Itemsor Announcements 6:50p.m.IX.Adjournment Page 1 of 119 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 119 Page 3 of 119 Page 4 of 119 Oak Park Heights Request for Council Action th Meeting Date April 11, 2023 Time Required: 10 Minutes _____________________ Agenda Item Title: 2022 – City Annual Financial Statement – Review by Auditor Rebecca Peterson. Agenda Placement Visitor’s Section Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature: Action Requested _See Below_____________________ Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Ms. Rebecca Petersen, Directorwith Redpath and Co. Ltd.(the City’s Auditing firm) will be present to provide a review of the City’s 2022 Annual Financial Statement. Attached is the planned power-point so you have some advance data. Council Members: Full copies of the 2022 Audit Reports will be available at Tuesday’s meeting and sent electronically as soon as they are available.Theywill also available on the City’s Website after Council acceptance. Page 5 of 119 April 11, 2023 2022 Audit Review Page 6 of 119 Page 7 of 119 Page 8 of 119 Page 9 of 119 Page 10 of 119 Page 11 of 119 Page 12 of 119 Page 13 of 119 Page 14 of 119 Page 15 of 119 Page 16 of 119 Page 17 of 119 THIS PAGE INTENTIONALLY LEFT BLANK Page 18 of 119 Page 19 of 119 Page 20 of 119 Page 21 of 119 THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 119 Page 23 of 119 Page 24 of 119 Page 25 of 119 Page 26 of 119 Page 27 of 119 Page 28 of 119 Page 29 of 119 Page 30 of 119 Page 31 of 119 Page 32 of 119 Page 33 of 119 Page 34 of 119 Page 35 of 119 Page 36 of 119 Page 37 of 119 Page 38 of 119 Page 39 of 119 Page 40 of 119 Page 41 of 119 Page 42 of 119 Page 43 of 119 Page 44 of 119 Page 45 of 119 THIS PAGE INTENTIONALLY LEFT BLANK Page 46 of 119 Oak Park Heights Request for Council Action th, Meeting Date April 112023 Time Required: 1 Minute_____________________ Agenda Item Title:2023-2024-ETAC Appointment Reimburse Costs Agenda Placement Consent Agenda Originating Department/Requestor Mary McComber, Mayor Action Requested Authorize theReimbursement of Travel Costs Related to FutureETAC In 2022 Iwas appointed by Governor Walz to serve on the Energy Transition Advisory Committee (ETAC) as a member to represent coal-plant communities. At this time it the ETAC is complete. There is however possible a reconvening of this later 2023 and/or through 2024 see the short note below from the Coalition of Utility Cities. While this appointment was not made through the specific auspices of the City, would the City Council consider a reimbursement of reasonable travel costs for 2023not exceed a total of $1,000 minus any possible reimbursements or per-diems that may be available from the State? I feel this is justified becausethis may be a continuation of the previous work by ETAC. There has only been one meeting since our conclusion, which was at the DEED office in St. Paul. It is unknown at this time if there would be further travel as visits to all power plant cities havebeen completed.As part of ETAC, I was able to add input on many aspects related to the retirement of the King Plant which were included in the final report. The next steps are to implement the recommendationsfrom the team. The full ETAC Plan can be found at https://mn.gov/deed/assets/energy-transition-advisory-committee-plan-acc_tcm1045-559857.pdf Page 47 of 119 Page 48 of 119 Page 49 of 119 Page 50 of 119 Oak Park Heights Request for Council Action Meeting Date , 202 Time Required: 1 Minute Agenda Item Title: Fair Housing Month - Proclamation Agenda Placement Consent Agenda Originating 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): Iwould like the City Council to adoptthe attached Proclamation related to FairHousing Month . Page 51 of 119 City of OakParkHeights FairHousing MonthProclamation WHEREASTheFairHousing Act, enacted on April11, 1968, enshrined into federallawthegoalof eliminating racialsegregation and ending housing discrimination in theUnited States; and WHEREAS The Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities; and WHEREAStheCity ofOak ParkHeightsiscommitted to themissionandintentofCongress to providefairand equalhousing opportunitiesfor all;and WHEREASOur socialfabric, theeconomy, health, and environmentarestrengthened in dive rse, inclusivecommunities; and WHEREASMorethan fifty yearsafter thepassageof theFair Housing Act, discrimination persists, andmanycommunities remain segregated;and WHEREASActsof housing discrimination and barriersto equalhousing opportunity arerepugnant to a common senseofdecencyand fairness. NOWTHEREFORE BE IT RESOLVED that the City of Oak Park Heights does hereby declare the month of April, 202as Fair Housing Month andcommunitycommittedto fair housing andtopromoting appropriate activities by private and public entities to provide and advocate for equal housing opportunities for all residents and prospective residents. Adopted by theOak Park HeightsCity Council thisday of , 202. _____________________________ Mayor Mary McComber ____________________________ Attes t: City Administrator Page 52 of 119 Page 53 of 119 THIS PAGE INTENTIONALLY LEFT BLANK Page 54 of 119 Oak Park Heights Request for Council Action th, Meeting Date April 112023 Time Required: 1 Minute _____________________ th Agenda Item Title: _St Croix Crossing Half Marathon – July 29, 2023 Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested Authorize the St Croix Crossing Half Marathon to Proceed in the Cityfor th July 29, 2023 and pursuant to Final Agreement as Developed by Staff. Background/Justification (Please indicate if any previous action has been taken, or if other public bodies have advised): The City has been requested to authorize the St. Croix Crossing Half Marathon to move through th the City on July 29, 2023 .Please see the attached communication.They are proposing approximately 3,000 participants. This is to be a “for profit” event. As the City has had a number of similar events happen over the past several years, there have beenvery few issues that have arisen and all events have been well managed. The operators of this event appear to have significant experience in operating these events and they would bear all risk and burden of ensuing the safety and welfare of all participants and a further indemnification of the City. An impact fee of $500 and a $1,000 escrow fee is proposed consistent with past permits issued. Staff does recommend this authorization with the final approval being held by the Chief of Police and the execution of a Final Agreement consistent with past practices(Draft Enclosed). Page 55 of 119 Page 56 of 119 Page 57 of 119 Page 58 of 119 Page 59 of 119 Page 60 of 119 Page 61 of 119 Page 62 of 119 Page 63 of 119 Page 64 of 119 Page 65 of 119 Page 66 of 119 Page 67 of 119 Page 68 of 119 Page 69 of 119 THIS PAGE INTENTIONALLY LEFT BLANK Page 70 of 119 Oak Park Heights Request for Council Action th Meeting Date April 11, 2023 Time Required: 5 Minutes Agenda Item Title: MNDOT – Municipal Boundary Adjustment – JOINT RESOLUTION Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested: Approve - Joint Resolution –Municipal Boundary Adjustment Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): MNDOT is seekmunicipal boundary adjustmentrelated to lands lying in the STH 36 right of way – totaling 13.41 acres lying west of Oakgreen Ave. Please see the attached MEMO -from December 2022 for the similar background. The Council was comfortablewith the concept of this at that time. Since that time, the City has coordinated the process to move this forward by the potential passage of the attached JOINT RESOLUTION. The proposed action does not create any new maintenance responsibilities for the City as it is NOT A “TURNBACK” action. Page 71 of 119 CITY OF OAK PARK HEIGHTS RESOLUTION No. ____________________ CITY OF STILLWATER RESOLUTION No. ____________________ A JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM STILLWATER AND ANNEXATION INTO OAK PARK HEIGHTS OF CERTAIN LANDS PURSUANT TO MINNESOTA STATUTES SECTION 414.061 WHEREAS, the Minnesota Department of Transportation is seeking a municipal boundary adjustment to address its internal concerns for certain lands located in or adjacent to the STH 36 right of way; and, WHEREAS, certain real property, legally described in Exhibit A attached hereto (the "Annexation Property") is now located in Stillwater and is located on the border of Stillwater that is contiguous to Oak Park Heights; and, WHEREAS, all of the Annexation Property is fully within the state highway right-of-way controlled by the State of Minnesota by permanent easement and plat dedications; the State requests and consents to the concurrent detachment from Stillwater and annexation into Oak Park Heights; and, WHEREAS, the Annexation Property consists of approximately 13.41 acres is only located within Washington County; and, WHEREAS, Stillwater and Oak Park Heights have no objection to the entire Annexation Property to be located within the corporate limits of Oak Park Heights; and, WHEREAS, Stillwater and Oak Park Heights have no objection to a modification of their mutual municipal boundary to permit the Annexation Property to be located entirely in Oak Park Heights; and, WHEREAS, to modify the boundary, Stillwater desires to detach and Oak Park Heights desires to annex the Annexation Property pursuant to Minnesota Statute 414.061. NOW, THEREFORE, BE IT RESOLVED: 1. The Cities of Stillwater and Oak Park Heights jointly request that the Minnesota Office of Administrative Hearings, Municipal Boundary Adjustment Unit concurrently detach the Annexation Property from the City of Stillwater and annex the same to the City of Oak Park Heights at the earliest possible date. 2. The City Administrator for the City of Oak Park Heights is authorized to submit this resolution along with appropriate application materials to the Minnesota Office of Administrative Hearings, Municipal Boundary Adjustment Unit for the purposes set forth herein. Adopted by the City Council of the City of Oak Park Heights on _____________ of ________, 2023 ______________________ Mayor Mary McComber ______________________ Attest: City Administrator Adopted by the City Council of the City of Stillwater on _____________ of ________, 2023 ______________________ Mayor Ted Kozlowski ______________________ Attest: City Administrator Page 72 of 119 EXHIBIT A Joint Resolution Legal Description of Annexation Property: THE SOUTH 110 FEET OF SECTION 32, TOWNSHIP 30 N., RANGE 20 W. Visual Representation of Annexation Property: From Stillwater to Oak Park Heights From Stillwater to Oak Park Heights Page 73 of 119 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 be amenable 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. 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