HomeMy WebLinkAbout09-14-10 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, SEPTEMBER 14, 2010
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m, 1. Call to Order /Pledtle of Allegiance /Approval of Agenda
l a7imated
l inn es
7:05 p.m. 11. Department /Council Liaison Reports
A. Planning COMMiSSion
B. Parks Commission
C. Water Management Organizations
D. Other Liaison /Staff reports
7:10 p.m. 111. Visitors /Public Comment
Recycling Award (1)
This is all opportunity for the public to address the Council with questions or concerns oil issuws not part of
the regular m nda. (Please limit comments to 3 minutes in lengtlh.)
7:15 p.€n. 1V. Consent Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes August 24, 2010 (2)
C. Approve Purchase of Recycling Bins in the Amount o1' $ f ,071.1 1 from Council
Contingency fund (3)
D. Accept Grant Receipt of "Two In -Car Digital Video Systems (4)
E. Approve Purchase of Bullet Proof Vests (5)
F. Approve 2010 2011 Snow Plowing Agreement (6)
G. Set City Hall facility Open Mouse /Dedication Ceremony for October 9, 2010,
from 2:00 p.m. to 4:00 p.m. (7)
7:20 p,rn. V. Public I Ica ۥinks
A. Increase in On -Sale Intoxicating Liquor License l=ees, On -Sale Non - Intoxicating
I..,iquor License fees, Off -Sale Non - Intoxicating Liquor License fees, Wine
License fees, and Tobacco License Dees (8)
7:30 p.m. V1. Old Business
A. Update — Light Fixtures at Oakgreen Avenue and STI 136 (9)
I3. Discussion About Use of City Trails/Roadways fir Golf Carts and Other Mobility
Devices (10)
C. Winter and Snow I?mergency Parking Regulations (11)
7:45 p.m. V11. New Business
A. Adopt Resolution Approving 2011 Proposed Budget and Proposed Tax levies
(12)
13. Schedule Public Comment /Hearing Meeting for'Truth ill Taxation (13)
C. The Partnership Plan 5K Run /Race (14)
Page 1 of 90
City Council Agenda
September € 4, 2010
Page 2
1). Consider Request for NO PARKING Zone thong Norwich Parkway at Boutwelis
Landing's Southern Entrance (15)
E. Approve Resolutions Relating to I..ocal Government Unit Authority Delegation of
Wetland Conservation /pct (16)
8:15 p.m. V111. Adiouniment
Page 2 of 90
®alp Park Heights
Request for Council Action
Meeting Date SerAcnlbcr 14. 2010
Agenda Item _ Recvchm -, Award I`ime Required 0
Agenda Placement Visitors /Public Comment
Originating Department /Requcstor Administration /.Iennifer Pinski
Requester's Signature
Action Requested Receiv } e Information
Backgroun(I/.lustification (Please indicate any previous action has been taken or if other
public bodies have been advised).
Page 3 of 90
CITY OF
OAK PARK HEIGHT
14108 Oak 1 Boulevard No. ^ P.O. BON 2007 ° Oak Park I ieights, MNI 55082 -2007 ° Phon( 6511439 -4439 ° Fax: 651/439 -0574
September 10, 2010
Kenneth and Dianne May
5510 O'Brien Avenue North
Oak Park Heights, MN 55082
Dear Kenneth and Dianne:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and /or smoke detectors).
Your residence was checked on Thursday, September 10, 2010, to determine
if you had your recycling bin out with your regular garbage. Your recycling
was out and ready for collection; therefore, you are one of this month's
winners. Please contact me at 439 -4439 at your convenience to arrange for
delivery of the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations!
Je - nni r Pinski
Administrative Secretary /Deputy Clerk
Tree City U. S.A.
Page 4 of 90
®alp Park Heights
Request for Council Action
Meeting Date Scotember 14, 2010
Agenda Item � inro ve Cit) Council _Minutes _- ._Au;Rust 24, 2010 Time Required 0
Agenda Placement Consent
Originating 1) cpartment /Reg ties tor ^.. Acliiiiilisti ation /.Jenililcl Pinsk'
Requester's Signature., ... . _ . ^. . .. '. 3
Action Requested ... . AU?rovc
Back ()rolilld /.Ilistil iCatioii (Please indicate any pivvious action has been taken of it other
public bodies have been advised).
Sec attached minutes.
Page 5 of 90
CITY OIL OAK PARK HEIGHTS
TUESDAY, AUGUST 24, 2010
CITY COUNCIL, MEETING MINUTES
I. Call to Ordei• /Pledte of AlleLdance /Annroval of Agenda:
The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present:
Councihnernbers Abrahamson, McCornber, Runk, and Swenson. Staff present:
City Administrator Johnson, City Attorney Sandstrom, Finance Director Ilolst,
Police Chief DeRosier, and City Engineer bong. Absent: City Planner Richards.
Mayor Beaudet added "Set a Budget Worksession for September 7,201 Oat 4:30
p.m.'' as Consent Agenda Item F; "Approve Resolution 10- 08 -26" as Consent
Agenda Item G; and "Allow Staff to Investigate and Provide Feedback for
Council Computers for I?,lectronic Packets" as Consent Agenda Item II.
Councihnember McComber, seconded by Councllmember Swenson, moved to
approve the Agenda as amended. Carried 5 -0,
II. Closed Session: The City Council held a closed session pursuant to Minnesota
Statutes 13.d to discuss matters in litigation with city attorneys relative: to the
matter of the County of Washington versus the City of Oak Park Heights, District
Court File No, 82 -CV -10 -4198. At the conclusion of the closed session, the
rcgular meeting reconvened, and Attorney Sandstrom announced that no action
was taken during closed session.
IIIa Department /Coiuicil Liaison Resorts:
A. Planning; Commission: Councilmember Abrahamson reported that the next
meeting of the Planning Commission was set for September Mat at 7:00
p.m.
B. Parks Commission: COUnCilmembcr McComber reported that the next
meeting of the Parks Commission would be held on Monday, September
20 at 6:30 p.m. and that a walkthrough was scheduled for September 18 at
9 a.m. beginning at Cover Park.
McComber also reported that the City met the qualification for Playful
City USA. and the signs have arrived at City hall.
C. Water Management Organizations /Middle St. Croix: Mayor I3eaudct
reported that the next n-eeting of the Middle St. Croix Watershed
Management Organization was scheduled for September 9 at 7:00 p.m. at
the Washington Conservation District Office,
Page 6 of 90
City Council Meeting Minutes
August 24, 2010
Page 2 of G
D. Other Liaison /Staff Reports: Mayor Beaudet provided a recap of Party in
the Park which was held on August 3 at Brekke Park. He also reminded
residents of the upcoming Fall Clean -up Day scheduled for September 25
from 7:30 a.m. to 1:00 p.m. Beaudet reported that the City will have a
CI`I, light bulb exchange event at the Fall Clean -tap and at the polling
places on Election Day,
Councilmember MCComber reported that the Beyond the Yellow Ribbon
plan was accepted, and a recognition event was scheduled for September
22 in Farmington.
Ill. Visitors /Public Comment-
A. Presentation by Ms. I?lizabeth_Wc.lfcl,. Coalitioll._e�1WC_Jiili.ty,Cities:
Elizabeth Wefel, a lobbyist with Flaherty and l lood representing the
Coalition of Utility Cities, provided a presentation on the pul of the
coalition and utility taxation.
B3 Reevelin— Award: Administrative Secretary Pinski reported that Pat and
Marie Foley oi' 5872 Olene Avenue; North and Pat Waldorf aril Renee
Eldin of 14881 55 "' Street North were chosen as the recycling award
winners for the month of August.
IV. Consent A genda.
da.
A. Approve Bills & Investments
B. Approve City Council Minutes July 27, 2010
C. Jorgenson Construction Inc. 14` Payment for New City hall
D. Approve Change Order No. 1 for Miller 1.?xcavating, Inc. 2010 Storm
Sewer improvements
E. Miller Excavating, Inc. 2 "` Payment for 2010 Storm Sewer Improvements
F. Set a Budget Worksession for September 7, 2010 at 4,30 p.m.
G. Approve Resolution 10 -08 -26
IL Allow Staff to hlvestigate and Provide Feedback 1 - or Council Computers
for Electronic Packets
Councilmember McComber, seconded by Councilmember Swenson.. moved to
approve the Consent agenda. Roll call vote taken. Carried 5 -0.
V. Public 1-learin�Ls:
None
V1. Old Business:
Page 7 of 90
City Council Meeting Minutes
August 24, 2010
Page 3 of 6
A. City Hall Facility: Mayor I3eaudet, seconded by Courlcilnnember Swenson,
moved to approve PR number 61 for a change order up to $2,031.00.
Carried 5 -0.
B. Hearing to Show Cause --- Oak Park Wine & St)irits: Diana Avery Ruiz,
owner of Oak Park Wine & Spirits appeared before the council and
admitted the illegal sale and code violation occurred and stated that the
employee who caused the violation was inexperienced and perhaps
misread the identification due to a learning disability. Notwithstanding
Ms. Ruiz's response to the violation, the council determined that a
violation occurred and that the standard $500.00 fine was warranted,
particularly given the City's past practice of imposing the same line on
other violators. The Council noted that it was Ms. Ruiz's responsibility to
ensure her employees have been properly trained and can perform their
Job duties within the bounds of the law. Ms. Ruiz requested an extension
to pay the monetary sanction.
Councilmember• Abrahamson, seconded by Councilnrcmber Swenson,
moved to extend the receipt of the civil fine to November 1. 2010. Carried
5 -0,
Courrcihnember Abrahamson questioned lvhether the Resolution outlined
a specific deadline by which the penalties are to be paid. Police Chief
DcRosicr reviewed the Resolution and reported that it states that fines
shall be paid within 60 days unless the council fecls a longer time period is
justified.
Mayor I3eaudet, seconded by Councilmember Swenson, moved that the
City Attorney review that platter and male a recommendation to council
on whether more information should be added to the bile regarding the
extensions of the payment deadline. Carried 5 -0.
C. Discussion about Use of Cite Trails /Roadways for Golf Carts and Other
Mobility Devices Police Chief DeRosier provided a summary of his
memo which was included in the meeting packet for that evening's
meeting. I le stated that he recommended a compromise of limited use on
City trails, and use of the devices would be allowed on private trails on
site. C01.11161member Abrahamson questioned the City's liability in the
event there was an accident or a person fell out of a golf' cart in a City
right-of way and be injured, Attorney Sandstrom reported that the City
would not liable. He stated that Van accident involved another driver, the
court would determine liability. Ile stated the City may be liable if the
accident was caused by the trail itself.
Page 8 of 90
City Council Meeting Minutes
August 24, 2010
Page 4 of 6
David Spencer and .tan Gage, residents of Boutweils Landing and golf cart
drivers, care forward at the meeting to express their opinions in favor of
allowing the devices.
C.o tine] hrnember Runic, seconded by Councilmember McCornber, moved
to direct staff to prepare a draft ordinance for future action following
Police Chief DeRosier's recommendation,, and for staff to check with
1.,MCIT for issues of liability. Carried 5 -0.
Councilniember .Abrahamson stated he would like to hear from the City
Lngincer on the impact so Far and future impact of golf cart use on City
trails.
1). Soc ial I lost Ordin Police C:'hief DeRosier reviewed his memo that
was included in the meeting packet for that evening's meeting. Ile
reported that there were funds available to have brochures printed.
Councilmembcr Swenson, seconded by CotHnc11111enlhe:r Rank, moved to
approve Social 1 lost Ordinance 1205. Carried 5 -0.
Cltri j?atc and 'l'ime...I.o €� Public l learing oil Review of 1.,iouor, '1 obacco.
and Amusement License D Mayon BCatidet, Seconded by
Coullcihnember McComber, moved to clarify that the Public Hearing is
scheduled for September 14, 2010, at 7:00 p.m. Cart 5 -0.
V110 New Business
A. Tobacco Compliance Violation -- Wa Police. ChiefDeRosier
reported dl t the Police Department conducted routine tobacco compliance
checks, and that Walgrecns failed the compliance. Ile reported that it was
the third violation within 24 months. DcRosier recommended a $1,500
line and a 10 -day suspension of license be imposed with the suspension to
occur November I through November 10, and to set a Hearing to Show
Cause to provide Walgreens the opportunity to contest the sanction and
license suspension.
Mayor Beaudet, seconded by Councilrerber Swenson, moved to impose
the $1,500 fine and 10 - clay suspension of tobacco license per Resolution
01- 02 -13, and to set a I Icaring to Shore Cause for September 28, 2010, at
7:00 p.m. Carried 5 -0.
B. Winter and Snow Emer- Parkin: Jessica Anderson, Administrative
Intern for the City of Oak Park Heights, reviewed her memo which was
included in the meeting packet for that evening's meeting.
Page 9 of 90
City Council Meeting Minutes
August 24, 2010
Page 5 of C
Councilincynber McComber, seconded by Councilmember Swenson,
moved to direct staff to prepare a draft ordinance to bring back to council
for the neat meeting. Carried 3 -2, Beaudet and Abrahamson opposed.
C. Carrin)e Homes Development —'fax J xemtmt Bond Request to Reduce
Certain City Dees: City Administrator Johnson reported that 'I'in3 Nolde of
Anchobaypro requested a 15 percent reduction in fees from the City's
bond issuance ]cc. Johnson reported that a 15 percent reduction would
reduce the $73,950.00 fee by $11,092,50.
Mayor Beaudet, seconded by Councilmember Swenson, moved to reduce
the amount by 15 percent to be granted after the project is fully completed
and tied to specif ic project performance guidelines such as no incidences
of storm -water management violations, nlalntaln clean roadways,
operating in required fours, and other reasonable co€msideratio€ls to be
defined by City Staff. Carried 5 -0.
D. 5trcc tl4dht at Southwest. Corner of 60' Street and Oakarecn Avenue:
Mayor Beaudet, seconded by Councllmelnber Abrahamson, moved to
direct st to identify the cost and time to Install a streetlight at the
southwest corner of 60` Street North and Oakgreen Avenue North.
Carried 5- -0,
Mayor Bcaudet, seconded by Councilmcmber McComber, moved to direct
the City Administrator to send a letter to Xcel E'ncrgy expressing
disappointment that the light at the southeast corner oi' 60' Street and
Oakg rcen Avenue has not been repaired. Carried 5-0.
I . Oak Park Ifci�4lits City llall Dedication October.9.,_,2
Councilmelrnber Runk stated lie would like this item to be added to the
September 7 worksession agenda for discussion and planning. l le stated
he was concerned about authori a grant to the choir since the City was
not providing a grant to the band that would likely be perfor ming at a
summer program in 2011.
Mayor Beaudet, seconded by CounciI mem ber McComber, moved to set Lill
open house at City I Iall for that date and authorize up to $400 Ior
refreshments. Carried 5 -0. Staff was to make recommendation on the
time for time event.
1'. Create a Councilmember Workroom at City Hall: Mayor Beaudet,
seconded by Councilmember Swenson, moved to direct staff to put live
four - drawer file cabinets i the council workroom adjacent to the City
Administrator's office. Carried 5 -0,
Page 10 of 90
City Council Meeting Minutes
August 24, 2010
Page 6 of 6
VIII. Adiournment:
Councilmember MCComber, seconded by Councilmember Abrahamson, moved
to adioturn at 9:21 p,m.
Respectfully submitted, Approved as to Content and Form,
,lennifer Pilaski I.3avid Beaudct
Administrative Secretary /Deputy Clerk Mayor
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V
Oak Park Heights
Request for Council Action
Meeting Date September 14, 201
Agenda Item App (I c Purchase of Recycling Bins in the Amount of $ 1,971.11 from Council
Contim,yencv Fund
. . .......... ------------------- ---- ------
Time Req.. 0
Agenda Placement Consent . ... ...
Originating Departmcni/Req,jestor Adii�ii)isti Pinski
Requester's Signature ........................ ... . .. �'% ` � - -------------------------------- . .............. .. .............. .. ...
Action Requested Approve
. . . . .. . ...................................... ...... ... . . . . . .. . .............................. ..
.-I.- - -- --------------- --------------------------- - -
Background/Justification (I"Icase indicate any INCViOUS action has been taken or if other public
bodies have been advised).
At the budget worksession on AuO USt 16, the City Council indicated that recycling bins could be
ordered, and the funds for purchase could come from the 201 council contingency fund. Staff is
requesting authorization to pay the invoice of $1,971.11 from the Council Contingency Fund.
Page 13 of 90
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F
Page 14 of 90
Oak Park Heights
Bequest for Council .Action
Meeting Date: Sept. 14, 2010 Time Required: I Min.
Agenda Item `Lille: Accept Grant Receipt of 2 In Car Digital Video Systems
Agenda Placement: Consent Agenda
Originating Department / Requestor: Opk Park Heights Police Dept., Chief Brian DeRosicr
Requesters Signature .... ` "..
Action Requested: Accept Grant Receipt of 2 In Car Digital Video Systems
Background /Justification: I applied for a competitive grant and 2 In Car Digital Video systems were
awarded to the OPII P.D. from a partnership grant between the MN Office of Traffic Safety and the
Federal National highway 'Traffic Safety Administration. The funds are from the NI-ITSA and being
administered by the MN OFTS.
These cameras will be installed in 2 of our squad patrol vehicles.
"Dotal value of the grant assets are $4,80134 per camera system. Total $9602.68.
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Dale Park Heights
Request for Council Action
Mectinb Datc: 09- 14.2010 Time Required: I mite
Agenda Item Title: Approve Purchase of Bullet Proof Vests
Agenda Placement: Consent
Originating Department /l�equestor: Oak Park Heights Police Dept., Chicf Brian DeRosier
Requester's Signature
Action Requested: Approve Purchase of Bullet Proof Vests
Background /Justificatior7: Currently 6 officers on the OPI-I P.D. Have vest that. expired this year. The
vests have a 5 year useful life due to heat._ moisture and normal wear and tear €hart break down the
bullet resistance of the vests.
Of f iccrs were able to review major vest manufacture sainpIcs and pick one that was going to be the
best fit For comfort. Officers have been measure lit.
1 received a quote from the dealer of the vest that was selected, far the purchase of the vest anti the
cloth carrier to wear the vest. The local dealer is Keepers Inc. They provided a quote of ,`968 per vest
model - SCCOnd Chance Summit Level 2, 1 under the shirt carrier, l over the shirt carrier, and trauma
plate. 'Phis is a competitive price as compared to other advertised manufacturer's prices I have seen.
The funds for this purchase have been budgeted in in) initial 2010 budget with the expectation of
rcrnbur:senlent from grant funding that I had received from the federal Government and the State of
MN vest program. The initial purchase needs to be made and the funds are then reimbursed. with the
expected reimbursed funding there is no cost to the officers or city. Ihliforrrr alloNvances arc given to
officers for use in purchases such as this, but I was able to secure the grant. funding for then.
Request approval to purchase BP vests for 6 officers. Quoted costs of `5808.00, not to exceed
6,500.00 including tax and shipping.
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1
r -
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Oak Park Heights
Request for Council Action
Meeting 14th ..20
'Finie Required: 1 minute
Agenda Item - .8tip WQ-2WI.S� "t ng
_KoYe 2 — QKL om Li A ieqmgnt
Agenda Placement: CQ A
Originating Depailment/Request 'Johnson, CitvAdministrator
Requester's Signature ._____,____
Action Requested 2oi( 2oii Snow,.PjQWjAg Ke MCI
_4 gj � t
Backeround/JUStifleation (Please indicate if anv previous action has been taken
or if mi;ther -Dubuc bodies have advised):
Attached is a draft copy of the service contract EXTENSION between the City and Raleigh Trucking Inc, for
snow plowing services for the 2010.201 year. The Contract remains the sarne as last year, pfus a 2% price
increase on hourly rates however materials and Stand By fees remain unchanged.
Requested Action:
UPon final review by the City Attorney and the City Administrator, authorize the City Administrator and
the Mayor to execute the Contract Extension ALrreement for "2010-2011 Agreement for Roadway
no Removal and Sanding" with Raleigh Trucking.
Page 19 of 90
Confrad Extension Aereeme t.
Agreement to 1 the Agreement for roadway Snow Removal and Sanding
Pursuant to the "agreement for Roadway Snow Removal and Sanding for 2009/2010 Season" between
the City of Oak Parr Heights, (the `City') and M.J. Raleigh Trucking (the `Contractor') the City does
also desire to have the Contractor provide; snow removal and sanding services for the 2010 /201 winter
plowing season. / .
The City and Contractor with the execution of this C ontrac t . 1' xtension Amement do here l orntly
agree to extend the 2009 /2010 Agreement, (Attached as ` , xhibit A' to the Contract F. tension \
Agreement) thru the 2010/2011 winter plowing season.
Except for the following amendment, all terms and conditions remain in effect: \
1. Ibe City does agree to increase the Hourly Rates found in the Schedule o" aces by two (2.0)
percent for the 2010/2011 season. All Standby lees and Material Costs sW remain the same.
All other terns, definitions w conditions remain in full - force and effectl"),,
For: IM.J. Raleigh Trucking, (Contractor)
r �
4 7
date
Mike Raleigh, Owner.
Notary:
For City of Oak l'wk Heights
date
lyric .lohrrson �;ity Xdrxairiiss 7 ia tor
Notary:
Page 20 of 90
Oak Park Heights
Request for Council Action
Meeting Date - September 14, 2010
Agenda Item - - - Set City H all f a cility Open I_1ouse /Dedication Ceremony Im- October 9, 2010,
F rom 2 :00 p�m. to 4.00 p.m.
Time Req. 0 _
Agenda Placement C;ollscnt
Originating Depart ment /IZequestor Administration/Jennifer Pinski
...... - .... - - ........... ...... ... -
1Zcclllestcr's Signature
l
Action RegLieSted Set �f ill)e
13acl <gro €lied /Justification (Please indicate any previous action his been taken 0r il'0the1• public
bodies have been advised).
At the August 24, 2010 City Council Meeting, the City Council set an Open 4- IOl1Se /Dedication
Ceremony for the new City I fall facility on October 9, 2010 and requested that staff make a
recon7mendatloll on the time 1'61 the event. Stafy recomm end s that the City CouneiI set the event
for 2:00 P.M. until 4:00 p.m oil that date.
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Oak Park Heights
Request for Council Action
Meeting Date Scutember 14, 2010
Agenda Item 'Title Inc-ease in On -Sale Iutoxicatfill Lk nor License lees Qn -Sale Non- Intoxicatinx Liam License r__.. _ _
Off -Sale Non - Intoxicating I iquoi License Fees. WitieLicense Gees and Tobacco License Fees
Time Required 5 Minutes
Agenda Placement Public IIearin` ...................... - ......
--_.__--
Originating Department /Requesto€' Juciv Hoist. DeDutyC'lerk /Finance Director
Requester's Signature
Action Requested_ Approve increase in liquor license fees
13ack()t•ourtcl /,lustification (Please indicate any previous action, financial implications including budget informalion and
recommendations).
City policy is to review and consider annual license ices im' all licenses issued by the City every other year to reflect the 2-
year IPD (Implicit Price Deflator). The licenses were review in November 2009. At that time Council did not increase tine
fees and directed staff to review the fees in 2010. The IPD fior the 2009 Levy calculation ior the 12 -month period ending
March 31, 2008 was 6,1943, the 11 for the 2010 Levy calculation ibr the 12- mouth period ending March 31, 2009 was
.8337 and the IPD for the 2011 Levy calculation far the 12 -month period endin, March 31, 2010 was 1.6731
Other considerations 161 increasing Ewes are the increased cost of adntinislration and e.nim•centenl fhc licensing r'cquires. 1
also conducted a comparison of fees using the Association of Metropolitan Municipalities Mtuticipal License & Perutit Fcc
Survey for 2009.
']'Ile last increase in the liquor license fee for on -sale was effective January 1, 2008 and is currently $2 per year. The
fees from the survey range fi'oni $350 to $14,000 per year. An 8.7% increase in this fee would be approximately $250 per
year The City currently has 8 on -sale liquor licenses. A $250 per year per license fee would increase revenues $2 per
Y0,11%
The last increase ill the non - intoxicating orn -sale and off-sale license fees was January I, 2003.
The on -sale non - intoxicating liquor license fee is currently 4150 per year. The ices fi•orn the survey ran o0 I'm ill $15 to
$1,000 per year. An 8.7% increase in this fee would be approximately $10 per year. '1'Ise City currently has 3 on -sale non -
intoxic<tting liquor licenses. A $10 per year' per license fee wotdd increase revenues 430 per yL ar'.
The off -sale non- intoxicating liquor license fee is currently $50 per year. The fees from the survey range from $15 to 4590
per year. An 8.7% increase in this fee would be approximately $5 per year. The City currently has 4 off-sale non -
intoxicating liquor licenses. A $5 per year per license fee would increase revenues $20 per year.
I cannot find where the wide license fees have ever been increased. The fees from the survey range from $100 to $7,500
per year. The current fee fora wine license is $600 per year. An 8.7% increase in this fee would be approximately $50 per
year. T'he City currently has 2 wine licenses. A $50 per year per license fee would increase revenues $100.
A Notice of Public Hearing was published and mailed to all afecteci license ]solders informing theta oI'the public ]tearing to
increase fees for on -sale intoxicating liquor licenses, olt -sale non- intoxicating liquor licenses, off-sale non - intoxicating
liquor license and wine licenses.
'['Ile current fee for a tobacco license is $150 per year. The fees from the survey range from $12 to $440 per year. I am not r
recommending an increase in this fee.
I recommend increasing the following fees to reflect the 3-year Implicit Price Deflator:
On -sale intoxicating liquor license fee from $2,910 to $3,160 per year
Ora -sale none- intoxicating liquor license fee from $150 to $160 per year
Off -sale Mori- intoxicating liquor license fee from $50 to $55 per year Page 23 of 90
Wine license fee from $600 to $650 per year
RESOLUTION NO. 10 -09 -28
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION OF THE CITY COUNCIL FOR THE
CITY OF OAK PARK HEIGHTS ESTABLISHING
LIQUOR LICENSE FEES
WHEREAS, the ordinances of the City of Oak Park Heights reserve the
authority to establish license fees to the City Council from time to time; and
WHEREAS, the City has not experienced a license fee adjustment in the
area of on -sale liquor sales since 2008, on -sale and off -sale non- intoxicating
liquor sales since 2003; and
WHEREAS, the City Staff has reviewed neighboring communities as it
affects fees for licenses charged therein and reviewed administration and
enforcement costs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
1. That on -sale liquor license fees shall be established as of January
1, 2011 in the amount of $3,160.00.
2. That on -sale non - intoxicating liquor license shall be established as
of January 1, 2011 in the amount of $160.00.
3. That off -sale liquor license fees shall be established as of January
1, 2011 in the amount of $55.00.
4. That wine license fees shall be established as of January 1, 2011 in
the amount of $650.00.
Passed by the City Council for the City of Oak Park Heights this 14th Day of
September 2010.
David Beaudet, Mayor
ATTEST:
Eric A. Johnson
Administrator
Page 24 of 90
Oak Park Heights
Request for Comicil Action
Meeting Date SeMember 14"', 201
`rime 5 minutes
Agenda Item TitIe.----JJ Wale- Light fixtures at Oakareen Ave & STH 36.
Agenda Placement Old B , ' Z ,
Johnson. Citv Administrator
0
Originating Depailmen eques r p
� fl Z Y
Requester's Sigaature
-----------
Action Requested See Be ow
Background/Justification (Please indicate if ally previous action has been taken or if other public
bodies have advised):
Discussion of light fixtures @ Oakgrcen Ave. and STH 36 --- See Letter and map,
1, The Cost to install a full cut-off cobra-head fixture at Oakgmon and the South Frontage
Road is $0 and the lead flyne is approxin-tately two weeks. See light fixture cut-sheet.
1 In discussing the Streetlight along STH 36 with Xcel Energy, Ed Bieging, he had
indicated that Xcel does not have record of this pole/light being in their system. More
research is necessary to determine maintenance responsibility.
Page 25 of 90
City of Oak P ark . Heights
14168 Oak Park Blvd N a I3ox 2007 e Oak Park Heigh #s, MN 55082 a Phone (651 ) 4394439 ® Fax (651) 439 -0574
August 26, 2010
'ro: ME% Ed Bieging, Xcel Enema
***VIA EMAIL ONLY µwig ! a s. cajmb ia'. iv--
MOM:
�S
OM: Eric Johnson, City Administrator
RE- street ughts —'rwo issues
The Oty is in need of Xcel f ncrgy to address two issues. (sec the attached map)
I. 'T'he City has on several occasions contacted Xcol Energy through its web ba=l outage
reporting program of a street light that continues to not operate effectively an(yor
sporadically .__ located along S'f'iJ 36 at the SE corner ofOakgreen Ave. and STH 6.
We speculate; that there may be an underground wiring or other significant problem that
continually cause's this light to fail. If YOU would please review what is occurring and
address; this issue as we continually receive calls about it.
2. `l City is requesting that a now light be installed at Clio SW corner of Oakgreen Ave,
and the frontage road. Perhaps this can be an `arm' on the existing pole that sits at that
corner.
Any input or information you can provide in the interim would he most helpful.
Best regards,
Eric Johnson
City Administrator
Page 26 of 90
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Lightpole Needs
Oak Park Heights
05 a RAVRO m fr 7 9 >,! , <I , This pole /light heeds to be fully repaired Aug 20
e w ) 3 y7n r/ c.s r i /• s Jr4� <> fs or replaced.
v r
City has sent in numerous online repair
req uests.
") K ✓` Only works sporadically, at best.
Perhaps underground issues? e
Y
1j9e • Feet
012.5?5 50 75 100
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�y4 r
a. € City of Oak Part: Heights
Install on this pale and ar m/light to aid visibility at this intesect €on =�;t: z;,�: _._;9.: , }a; �. /,<•
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Li ak I
Oak Park Heights
Request for Council Action
Meeting Date ---.--SCDtcmbcr]4th,2010
Time Req uired: 5 Minutes
Agenda lteiy)'Fitle: Discussion about Use of City Trails Roadways f6i Golf Carts and Other
M,qUj ity Devices.
Agenda Placement 0W.. Business
Originating Ike partment/Req es
146 Eric JobDson, Q dministrator
y
Requester's Signature ------ ----- . ....... ........ . ............... ...... .... ...... ... .......................
Action Requested,.
BackgroundAustification (Please indicate if any previous action has been talscn or if officr public
bodies have advised):
On August 24'"201 G the City Council slid seek two iterns of information now enclosed:
1. TACITRedback on possible use of City'l) for non-pedestrian use (golf cats, etc)
2. Report from City Engincer on possible physical impacts to trail usc.
It is possible that the information enclosed herein will have impact oil the outcomes of this
discussion and the crafting of a possible ordinance; staff felt it was appropriate to at least diwuss
these issue in more detail prior to such draffing.
Page 29 of 90
LICE D EPARTMENT
F;... CITY OF OAK PARK HE IGHT S
��''�• � .:�, ��; ....,_..::,:,... - :.:,: Brian DeRosier
14168 OAK PARK BLVD. NORTH P.O. BOX 2007
;:.
y+ OAK PARK HEIGHTS, MINNESOTA 55082 Chief of Police
TELEPHONE: (651) 439 4723
FAX: (651) 439 -3639
EMERGENCY: 911
August 26 2010
To: Adr iDistrator Johnson
From: Chief DeRosier
Re- Motion by Council on August 20' -- Golf Cart Use by Bout facility on ']'rails
I have followed up on the request of council to scuk inforrrration from the League; of MN Cities
Insurance; Trust in regards to possible legal and liabili issues of allowing the Boutwells Facility
to use the public park trails liar escorting r€;sidei.ice ire a golf cart. 'rhis was are informal
c€ iwe rsafion and. if a specific written position is requested of 1,I (,' Insurance; f .-le ne que;sf, will
iieed to be presented it). writing with specific details of the proposed use for the in to respond with
an opinion or position in writing.
I have presented some of tho point% that were givon by 1_N C: Insurance; legal staff. Many of €hc,
points are issues wu have also previously presented as concerns.
A. The ge ncral overall answer to liability was the city would mos likely be sued in the event of
an accident or other injury by iDtentionally allowing a use not intenrded for the design of the trail.
I3. The partial trsc of a section of the trail for mixed use of carts acrd pedestrian traffic, when the
trail leading into that section frown cither direction is not used for both carts and pedestrians and
there is no immediate alternative route for pedestrians to use to avoid this section, creates an
increased liability, Pedestrians would be catering int o a sections of trail that dogs not change; in
character or design from single use pedestrian traffic to that accommodating both pedestrians and
moving vehicles.
C. The city may lessens its liability by placing specific restrictions, but it is felt the city would
still be at risk due to allowing a use not originally intended or past use for the trail.
D. "There is some concern over the city selectively allowing use for a specific individual or
business only and not others. It is a public facility placed and or=iginally designed for the public at
large and now allowing a specific person or business to use the facility in a. manner not allowed
by other public persons, could open the city to f irthea• requests or suit's to allow others the same
use. This may put the city in a difficult position to deny those other requests. We have several
other similar facilities in the city currently and another being built that are in areas accessible to
park trails and city sidewalks that could come forward with similar requests.
Page 30 of 90
The cowic:il has also asked for a draft ordinance. Given the information fx°orn l MC, and our
concerns already addressed would you like to continue with the draft ordinance which may take
significant time to further research and prepare, or present this information to seek affirmation of
continuing further?
1_,MC asked that if we do submit a request for formal opinion that we include a map and
overview of the area., design specifications of the trail, along with as much detail on the allowed
use or restrictions we are considering to he plat in place.
Please let me know how you would life to proceed from this point.
Chief DeRosier
Page 31 of 90
Eric Johnson
From: corn]
sent Thursday, September 09, 2010 6:23 PM
To- Eric Johnson
Cc: Andrew Kegley
Subject: Gott Cart use unTrails/Sidewalks
Eric,
The CoUmd| requested additional information in regards to the impact of golf cart use on trails and sidewalks at the last
onumcU meeting on August 24, 2010. Listed ba\o\m are some possible impacts and factors tuwnS|d8r�
The general impact to the traits or sidewalks from golf cart use will most likely be minimal. Although the trails and
sidewalks are not 8pec0ma|k/ designed for golf cart use, most c0m0nn0n typical sections (Trail — 2" Bituminous, 6"
Aggregate Base; VVn|k— 6" Concrete, 4" Aggregate, Base) would be adequate for golf carts use, as long as the
sub-grade is acceptable and proper ooNpndjoD is achieved on the edges of the pathway. These typical sections
are commonly used on golf courses, and are also used in constructing driveways,
The concerns are Primarily with the unknowns of the quality of construction. The sub-grade may include section.
of unsuitable clay soils, and resulting pavement stresses may not show until the increased load from the golf
carts are seen. More trips with the. gn}fcods could accelerate the failures caused by weakneasaaw|th|n the trail
or sidewalk. Tvp|cal weak areas or sections will usually include service and utility tnencbeS. Edge failures may be
the rnoxtoomm0n impact seen as cornpacflon mmy not have bueo achieved during construction or washing may
have occurred dwMmgnainevents.
Since the trail or sidewalk will be shared-use path for pedestrians, bicyclist and golf cart the Opportunity for
edge hsUUves will be greater (especially if adjoining sod is irrigated), Other fM)rs t0 consider with shared-use
paths are laossible collisions, yielding, and additional signage that may be required,
P|eaSe let nn8 know if you have any questions or require further information. Thanks!
Chris Long, PE
Dioxdc651-6U4-4808
Cell 651492-7747
���
2335 Highway 36VV
5t. Paul, MN 55113
Tel 651-636--1600
Fax 651-636-1311
1
Page oomno
Oak Park Heights
Request for Council Action
Meeting Date Septenibe I O' 201
Time Required: 5 Minutes
Agenda Item'J"itle: Winter and S Emen-renev Parkin K.e
Agenda Placement _.Old B Ss�
Z
Originating Departm ent/1 C 64( Eri - City Administrator
- ------- ----------- - ---- - --------- ....... .... . ...... -------
Action Requested se(° Bel W
Background/Justification (Please hadicate ifafiy previous action has been taken or if other public
bodies have advised):
This item wag requested to be brought Nwk by the City Council on August 24"', 2010.
On Aug 24"', 2010 rceoron were p•eseated to the City Council regarding possible
ordinance ainendments related to parking for snow removal on City Streets,. Per the direction of'
the Council at the August 24"', 2010 Council Meeting, a draft OrdiDance was to be created.
Please find attached the draft Ordinance 1126 (Attachment 1).
It was considered that the current winter parkhig. ban be repealed and a now ordinance be
created, that stated if two inches or more inches of snow a parking ban for 24 hours or until
streets were cleared would be enacted.
In the event of the adoption of Ordinance 1126, It would be recommended that the current winter
parking ban I 10 1.03 H (Attachment 2) be repealed as it is no l onger relevant.
Page 33 of 90
ATTACHMENT III — PM- Ordinance
Ordinance No. I l 26
Snow Removal Parking Ordinance
This ordinwice prohibits the parkin; on streets during snow removal, when a snowfall has
accumulated a depth of two inches within a 24 -hour period.
The City Council of the City of Oak }park Ileig ts, Washington County, Minnesota, Does
Ordain:
11.26. 01 Snow Removal Parking Ordhiance It shall be UDlawful for any person to park a.
motor vehicle or trailer, or to allow or permit a motor vehicle or trailer controlled by such persaia
to remain, upon any street, road or highway within the city in such a mannej.° as to int(;rrcre with
the following:
(1) The rclnoval of snow, sleet, slash or ice firozvn such street road or highway by snowplows,
road graders, tf o.cks or other snow r€ moval machinery.
a. his lean shall apply as soon as s nowfall accumulates to a depth of� two 4)chcs or more in
any 24- -hour period, and shall continue € ntil the street, road or highway is plowed or
otherwise cleared its full width or unfit snowfall ceases, whichever is later.
b The two -inch snow depth referred in subsection (I )a of this section shall be determined
by the broadcast of such by the National Oceanic. and Aw Administration on
NOAA weather radio station KfaO 65, operating on an FM frequency of 1 62,55
megabertz, and located at the Minneapolis /St. Paul Tatcynatiowd AirporL
Page 34 of 90
0 S
103GULATION 01"' MOTOR VEI IlCLJ
AN ORDINANCE, RE-,GULATING ITE OPERATON 01"MOTOR V13l--HCIJ`S UPON TI-11"
STREl'I'S AND HIGHWAYS OFTI-It"' CITY 0F'0AK' PARK WASHINGTON
COUNTY, JMINNI:..SOTA, AND PROTIING IQR PENAMES FOR
THE CITY COUNCIL OFT] II CITY OF OAK PARK I HIGHIN WASHINGTON COUNTY,
MINNY SOJ'A. DOES ORDAIN:
1101.01 Ba� Lkti-o ILI L) f 0 11Cniti () 11 -
Scept J'or Section" I �, I ,and ) 69.66, Minnesota Statutes 1967,
Chapter 169, known as the I lighwayTraffic. Rej.piladon Act as amended by the laws
of 1976 is herb y adopted as the Same itaguimum amalwe of the A of o
Wasjlill, County, Minncsow. ['VCry provision culltaincd in [Ile said
Maw is hereby allbud rind made a pnm of this Ordinance by rolcrencoas if fully
set fo) llcrcin,
1101,02
No vchido W be driven thereon M a speed in excess ofthirty (30) miles per hour
on any st on whic.11 a different speed has not been cstablWicd by the
On any stmalwhero
a different sj zone has been so established, and sons have been postal
allndmi W such zone, no vehicles shall be driven in Ow Chy oF(Ak Path I MghB at
a speed gmate"han Out WHowed on such signs,
I W 1,03
A No vehicle shall be Ix)i on any shoo Mr the puqmse of dkphWhg I For
sale,
11. There is hereby established a AM% to be known its the congested distviet
withill which the rules set forth in this Se(;Iioll Shall be in 161 '111C
conges
time to (imc.
C. The Chief'of'Polec may establish "No "T Parking" zones in the congested
district and W nuuk by appropriate signs any zones so established. Such
zones shall be established in the congested district where heavy traffic by
corm mVial Vehicles 01 ()the] traffic Congestion lliakos parking by
commercial vehicles a hazatA to the safety ofvchicles or pedestrians, No
person shall park a commercial vehicle of more than one ton capacity
Page 35 of 90
between 5 oVocl< a.m. and 6 o'clock p.m. on any week (fay upon any AM ill
any "No ")'ruck
Parking" zone, but parkin, of such vehicles 1c)r a periacl of not more tall
(piney (:30) minutes shall be pernlitlecl in such zone for the purpose of having
access to abutting) property when such ,'wcoss cannot conveniently be secured
from an ahoy or from a side- street where truck pal'Itins, is not so resirictecf.
1.3. The C'hicf of Police may dedgnate certain blocks Atlin the congemd
district as thinly- (30) minute, one- ( 1) hum or Mv- (2) hour linliied harking
zones and shall mat by appropriate Qris any zones so established, Such
zones shall be established in the congested district vvhereve'l• necessary fortic
convenience of the public or to minlnike it dhe hazards and to preorve a
lice flow of traffic. No person shell park any vehicle in any limited parking
zone Own the hocu•s of 8 otoc l< a.m. and 6 o'clock p.nl, of any week clay
Par it lonp;er period th ill is specified on the signs mark.in;; such zclne.
l
The Ch may establish in cock block in the congested (Iistri("ls one°
or more loadiuq zovles and shell mark by appropriale sif ns any zone so
established. Such zones shale be located at places moss convenient: for the
me of thc° public with mg;arcl to traffic mmdi €ions in Meg block. No person
shall, be iNvccn the how, of 8 oklock aim, am! 6 o'clock p.m. of an) week
day, park any vehicle in any lo'ldinL7 tune except ic>r (lac purpose of reccivill ;
ordischarghig passengers or froiglit,iii(i tlicii [)I)ly for period no longel' (1`.311
iS neccssary for the Tscharge or receipt. of'such passengers x freight..
1'. No persoll shell turn a vellicle on any street ill 110 c:ongestcd district so as to
reverse its dirac,tion.
U. The C:hicf of PA We imp, whcnevcr neccssai•y to preserve a 00 How of
iI-affic or to prevcnt accidCrIls. desi };n,1te any intersection \within the
congestcd district as olle w1lere the turning; of' vellicles to the left or to the
fight, or cloth, is to be restricted and shall plait by approprlatc sins any
intersection so designated; butno intersection on a bank highmay shall be so
dcsip natal until (lac r.�>nsent oftlle State Conlmissioilcr of11i nays to such
f t , cl0giladon is abtaine'd. No person shall €urn a vehicle at any such
i IntC'.1'se'.cOon aminvul to the dRecHmm on smh signs,
Wintcr.,l'arkin f ? 1'rollilaitioE�.
_......._ _"
13et�vicen the 1 st day of "November and the 31st clay of March oi'tlle f oilowinL; \
year, no motor vehicle stall be left standing or parked on the streets of the
,.�
City of Oak Park l lcif,llts during, the houl•s of 1:00 o'clock a.n1. and 6:00 a.n1,
Any vehicle which shall be left parked or standing in violation of the
provisions hereof slat! be removed v itl xit notice to the omnwr or opUstor
t
Page 36 of 90
1 by the Oalc I'al•ic Heights Police Dept. Or persons employed by them wish
saki
vehicle being stored in ,ul.y appropriate place. All necessary costs and
expenses of wAng, removing, and storing ol'such vehicles shall first be paid
by the person Waiming the vehicle be before dw release of samc.
1101,04
Every driver of cl vehicle shall bring his vehicle: to a full stop be;I5w onlally any
through street or strip intersection properly desit nmod and posted as such. Wough
streets and step imerscolons shall be designawd by resolution of'the C'ily Council
hrol l tilne to Mille.
1 101.05 011t Use oi:
No person sh 111 drive or operate a motor vehicle on any st ver within the City, unless
such inotor vehicle is equipped SO a mui'f r in good working order and in constant
operation l0 pl•P.vcnl C\l: sAve or manual noise, It shall be ulllalvflll to Ilse a
"1111111101 cut- oil ;illy nio(or vehicle opoll tally yllch S11'ecl•
1 101 ,06
?W person shall rides in clQHup into or upon any vehicle vvithoul the consent ofthc
driver:, and no person sha)l, when riding allo\v any part ofthe Morey to project beyond
the linlits ofanv nlolol vehicle., cxccpt when signaling as required b) laws, nor shall
any person board or ttli& front, nor hang onto aM molar vchicic, when such motor
vehicle is in motion. This provision shall not apply to any person whose
enaployllac:lo Illalces it necessary to rick in or can a vehicle otherwise than herein
provided, when eoglged in tlac necessary duties of S1W.h Cillploynaerlt.
1 101,(17 I;Jl�cr!!cnc;1� Vc
'I•ll.c speed linlitation.s or wk Wdinalwc shall not apply to vehicles wheel operatcd
\vith due regard liar salty, under the direction of peace officers in We chase or
apprehension of vioknors or the I Iw or persons charged with or suspected of any
suc• -11 violalioll, or to fire; dcpartnxwts or fire pall vel when travc9111i; in
response h) a fire alt m; or to public ambulances in entergency use; or service.
1101.08 pena
Any person convicted of violating, any of the provisiolls ofthis Ordinance shall be
l,tlilty ofa Illiscleinemorand shall be punished by a We not exceed One "Thousand
I)ollwm ($I,O()0.)0) or imprisonment neat to c:xcee:cl niilely (91 }) clays or I)olll; l)tlt ifa
nlininlunl tine or inlprisonnmit is prescribcd by the Act i'or all.
oU lase, such puled y shaft apply to a person convicted ofthe same offense under this
3
Page 37 of 90
Amended: Section 1 101 .08. Passed and adopted Oc:tobor 23 2007.
'I
Page 38 of 90
Attachment 3
l listmy of Current Winter Parking Ban
The current parkin; ban 1101.03 H was first proposed after receiving a complaint from a
Mr. Rick Wells. Mr. Wells made a complaint abort parkin; regulations at the December
10"' 1996 Oak Park Heights Council Meeting (Enclosure 1). Administrator Robertson
and Police Chief Swanson made a suggestion to consider an ordinance that prohibits
parking overnights on streets from November 1 to April 1 (1 nclosuro 1).
At the October 14' 1997 Oak bark Heights Council meeting police; of Chief Sv 'ranson
requested that a street parking ban. for die, winter months be considered by the Council (t
Enclosure 2). A public h€ aring was set. to discuss the matter at the October 2€ 0 % 1997
City Council Meeting (Enclosure 2).
Further discussion of the parking ban f €ill €fwed at the Octobev 28 "' City Council meeY:ing
on October 29" 1997. At the public; hearing one resident was present to s€xpport Cho
ineasure, with no forther coma - i nts the public hearing was closed, A proposed Ordinance
97-1101 -05 was passed creating the no parking fi - om 1 to 6,00wn (Enclosure 3).
Attachment: l?rrclosur€: 1
I:uiclos m 2
Enclosure 3
Page 39 of 90
OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, DECRMnER 10, 1.996
Call to Order: The meeting was called to order at 7:05 p.m- by
M Schaaf. Present: Councilmembers Beaudet, Robert,,
Swenson. Absent: Councilinember Kern.
Turnquist was also present. Staff Present: City
Robertson, City Attorney Vierling, City Engineer Anderlik. and
City Engineer Caron.
Employee Recognition:
I)i
1?ublic Works K! � tq t gK _Fpc
j_e, 1 i e i
X (!�, - The Cou recog , z
Public Works Director Roger Benson for 1-5 years of wervicO.
Council Recognition:
Former Mayor Barb O'Neal was not able to attend and COU TIC! i
Kern was in Rochester with a sick relative so this aqenda Vem
was rescheduled for December 18, ',1.996.
Visitor Comments:
Well, was present, to ol to a ticket. he received An Imiling
vehicle on a City street for more than 24 hours Wells IOUs
family consisted of two adults and two teenagers. 'Nair rove five
vehicles, a one car garage, and a dr.iveway that wi]- l hold�
cars so they must always park one car an the street. Wells said
he has checked into building an addition to his garage but that'.
bis neighbor's house was built only three feet tram tAwn ywoperty
line and any garage addition he did would be so cloc sca uo his
neighbor's house :i t. would violate the State fire C(.)d(.
The Council was in consensus that vehicles parked mo!: 'Lhan
24 hours create a problem for snow removal- and they weii-c not :.
willing to waive the ticket. Council suggested that Wells 100
at constructing a parking pad adjacent to his garage Lo sua•e the
additional vehicle, and that he could plow the area out and use
it during the winter right now. Administ:i
suggested that there might be room in the back yard to c-istruct
a garage addition next year.
Robertson said that he and Police Chief Swanson had discussed
this issue and their suggestion to Council is that they cox).sider
developing an ordinance which prohibits overnight
parking from November 1 to April 1. Council discussed this
briefly and directed Robertson to include this item on the nexL
Strategic, Planning Workshop agenda.
Wes Butler - Wa.shington coiUlty Housing and RedevelqoLiLeLLL
Authority (HRA) Butler announced that thW HRA has budgeted the
money to construct- a playground at the Ramie Johnson apax,
Council requested the SARA supply a sketch of the propose l
playground.
Page 40 of 90
Page 3 - City Council Minutes 10/14/97
City Attorney Vierl,ing told Kaine that the procedural action that
the Council took is perfectly legal and appropriate. Maine then
indicated his displeasure with the Council because he had been
present at the initial public hearing to oppose the permit, yet.
the Council ultimately granted Stenfors the permit.
There was some discussion about the conditions placed on the
permit and the fact that the Council reserves the right to revoke
the permit at any time should there be violations of the
conditions. vier:l.ing noted that the permit is subject to annual
review.
Councilmember Robert asked Vi_erling if people could make
anonymous comp:i_aints. vierl.ing noted that any complaint couild
only remain anonymous until a decision was made. whether or not to
charge someone. once that decision was made, either to charge,
or, to not charge someone with a crime, then the complainant's
Warne wauId become public.
Department. Reports A
Police ._ Chief Swanson acknowledged the receipt of a $50-00
donation from Wal-Mart. . lie said the Police Departmetlt worked
with Wal- in a child fix)gerprintinc3 project and that. the
$50.00 was to be used _f_oa: iuLure mat. c:rial.;�.
Swan then requested Council autho:r.'ization to proceed with
draf t: .ing an updated doe{ ox- dinance to address problems with
potentially dangerous dogs. Councilmembe".r. Robert:, seconded by
Swenson, moved to set a public hearing for Tuesday', Oc tober 28 at
7:30 p.m. to discuss a new dog ordinance. Carried 5 - 0.
Chief Swanson requested that the City consider establishing a one
street: parlc,:irg bass in the winter months to help with the street
p;l.cnw:i.ng• _ Counci.:l.membe.r. `).'ur_tnqu:i st, seconded by Schaaf, moved to
set: a public hearing for `.l'uesday, October 28 at 7:30 p.m. to
d.isctass an. ordinance establishing possible seasonal park.ing
restrictions. Carried 5- -0.
.P ar3cg -- Councilmember Robert asked if the street lights at the
MN /DOT bridge area will. .remain :sighted, because several of ftem
are burned out. Administrator Robertson said that the area
should remain lighted in order to deter vandal-ism, but they do
want to block off some of the streets that are snot needed for
access.
Police Chief Swanson said that if the City wants Valley View Par)
to be plowed this winter, they will have to remove the posts
which lock the gates. In that rase, the park will have open
access throughout the winter. Councilmember Robert said that
issue would be put on the Parks Commission agenda for the meeting
on October 21.
Councilmember Robert suggested flyers be distributed informing
neighborhood residents of the Park Commission's proposed plans
Page 41 of 90
Wage 3 City Council. Minutes 10/28/97
Public Hearings
,,el.lars W:i.nq- ,a--,& Spirits of Oak Park Heights, Inc. Request for
.i"uor License & Tobacco License _ Mayor Schaaf opened the Public
Hearing at 7:30 p . m . City (attorney Vi.erl ing said that Cellars
has completed all forms required and he is satisfied with the
information. provided. Councilmember `x'ur•nqui.st, seconded by
Swenson, moved to close the Public Hearing at 7:31 p.m.
Councilmember Turnqui.st, seconded. by Beaudet, moved to approve
the liquor and tobacco licenses. Carried 5 -0.
*at Proposed Ordir�a 110 -05 F5 L - abl.ishina Lint e ?�j�,Qns Between the Hours o:E 7.: 00 a . m . and 6:00 a i in t�hc
City of Oak Park Heiqhts -- Mayor Schaaf: opened the Public: Hearing
7:32 p.m. Allan (-tall, 144 North 57th Street, was present to
support the parking regulations. Councilmember Tu:rnquist,
seconded by Swenson., moved to close the Public Hearing at 7:34
p.m. Chief Swanson said that he realizes that trhi•s ordinance is
being considered late in the fall and that the City will do its
best to inform residents of the new policy before they are
ticketed and mowed. Swanson said the intent of the, ordinance is
not to fool residents but to make it easier for the snow plow >, to
operate and clear the roads so it wi:i_l, make driving safer.
Councilmember rpurnqu.ist, seconded by Swenson, moved to approve
Ordinance 97.- :1.:101 - -05. Carried 5 -•0.
l?.rc>raosed Ordinance 9'7.-6o3.--o6 An Ut d:i_rzancc w . rrlc- nc3 C:)�rcJ-nance
DogF3 Within the C'i.f �XFe i cx3ai s ]UJayaa
Schaaf opened the PiAblic Hearing at 7:40 p,m. Chief Swanson said
that this was in response to the 'Limitations the Poi.:i.ce
Department has faced recently with a dangerous dog. He said he
felt this ordinance would allow the officers to perform t.heJ.:r;•
duty of protecting the community better because they will be able
to remove a dog that is deemed potentially dangerous, rather than
having to wait until the dog actually physically harms a person
or another animal. Mr. Hall spoke again and said that he lives
across the street from a dog which he f=eels is dangerous and he
would support this ordinance amendment,. Robertson said that he
has received comments in support of the ordinance amendment also.
Councilmember Swenson asked Chief Swanson ghat process the City
would use if there was a dog that could not be handled by the
Police. Swanson said that contracting out for an individual case;
would be , very expensive and that he would support requesting the
help of Stillwater, who has an azai.mal control officer.
Councilmember Turnquist, seconded by Swenson, moved to close the
Public Hearing at 7 :45 p.m.
Councilmember Robert had some suggestions for the wording of the
ordinance:
A} -1 X 07 & 601.08: Robert asked to delete 601.07 and amend
601.08 to read, "It shall be unlawful to operate a &rLy
kennel unless a permit to operate the same has been secured
from the City Council in advance." Council agreed with
those changes.
Page 42 of 90
Oak Park Heights
Request for Council Action
Meeting Date September 14, 20 10
Agenda Item Title Adopt Resolution. Approving 2011 Proposed Budget and Pronoscd Tax
Levies Time Required 5 Minutes
Agenda Placement. New Business
Originating Department / Requester Finance --- Judy Holst, Denutv Clerk /Finance Director
Requester's Signature - -.
Action Requested Approve 2011. General Fund Proposed Bu&ct and Proposed General
Fund Tax Levy. Adopt Resolution.
Background /Justification (Please indicate any previous action, financial implications
including budget information and recommendations).
Three budget workshops have been held for the 2,01.1. proposed budget and tax levy. At this
time the proposed revenue budget is $4,086,220 and th.c; proposed expenditure budget is
$4,086,217.
The proposed General Fund levy amount: is $3,574,704. The maximum the City is allowed
to levy is ,$3,718,740. The proposed Debt Levy for the G. O. Capital Improvement Bonds of
2008 is $390,000.00. My preliminary calculation for the General Fund Levy and the Debt
Levy combined is a 5.6% or $210,000 increase in total levy and a 2.7% increase in total tax
rate over 2010. $ 1.02,947 of the increase in levy is attributable to the elimination of the
Utility Valuation Transition Aid for 2011 and a reduction of $93,635 in the use of prior year
fund balance. $ 10,000 is attributable to the increase in the Debt Levy.
After all General Fund expenditures have been taken. into consideration we have a .25 or
$10,044 increase in the expenditure budget over the 2010 budget. The departments with
increases over 10% are General Management &, Building, Engineering, and Fire.
General Management &, Building is increasing for utilities and maintenance contracts.
Engineering is increasing for costs related to the transfer of records. The Fire Department
is increasing due to increased fair share costs for the Bayport Fire Department contract:.
Several Departments decreased expenditures for 2011. The reductions were mostly
attributed to salary adjustments, no elections in 2011, and reduced costs for tree removal.
Attached is a Proposed 2011 Revenue 8, Expenditure Budget Summary for your review.
The proposed 2011 General Fund Levy and Proposed Debt Levy must be adopted, approved
and certified to Washington County by September 15, 2010. The final budget and levy
must be submitted to the County by December 28.
1 recommend approval of the proposed 2011 General Fund Budget , 2011 General Fund
Levy, and 2011 Debt Levies and adoption of the Resolution for the proposed 2011 General.
Fund budget and levies.
Page 43 of 90
GENERAL FUNGI REVENUE SUMMARY
111-6130
2008 2009 2010 2010 2011
FUND ACTUAL ACTUAL BUDGETED RECEIVED REQUESTED COMMENTS
TAXES $3,312.432 $3,134.378 53,312,204 $0 $3.531,455 6.62% increase
SPECIAL ASSESSMENTS S500 S64 $0 SO $0 0.00% increase
BUSINESS LICENSES - PERMITS $31.640 $36,002 531.650 55,988 $33 6.79% increase
NQNBUSINESS LICENSES PERMITS $171.398 $64 550.000 S46,306 $53.500 7.00% increase
FINES & FORFEITS $63,474 570,095 567 $25
$60,500 _ 10.64% decrease
INTERGOVERNMENTAL REVENUES 5100,516 $271,119 S185.987 $2,977 $88,040 - 52.66% decrease
CHARGES FOR SERVICES S75.997 $68.578 572.420 $38,303 $73,425 1.39% increase
MISC. REVENUES $288 $191,235 $356.215 $85 S245.500 - 31.08% decrease
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TbTAL GENERAL FUND REVENUE SUMMARY $4,044,441 $3,835,543 $4,076 $205,447 $4 0.25% increase
2011 PRELIMINARY BUDGET Page 8
SUMMARY OF PAST GENERAL FUND EXPENDITURES
111 -6130
2008 2009 2010 2010 2011
FUND ACTUAL ACTUAL BUDGETED EXPENDED REQUESTED COMMENTS
MAYOR & COUNCIL $82.579 $79,754 S91130 $34 591 1.69% decrease
CITY ADMINISTRATION 5235 $243,446 S249,135 $121,276
$253,000 1.55% increase
LEGAL $17.070 $18.448 529.700 $6 529,700 0.00% increase
GENERAL MANAGEMENT & BUILDING $80,360 S71.079 $102 $24,648 $122,405 18.86% increase
ELECTIONS $8 S943 54,790 S969 $940 - 80.38% decrease
FINANCE $224 $234,622 5300.355 $120.455 $238,875 - 20.47% decrease
COMPUTER $17.532 $17.541 $22,900 $9,005 $24,100 5.24% increase
AUDIT $16.419 S19.730 S21,250 S22,009 521,250 0.00% increase
INSURANCE 5335.214 S326,469 $376,860 $160.725 S341,000 - 9.52% decrease
ASSESSING $20.503 $21,169 $21.900 S0 $21,660 - 1.10% decrease
PLANNING & ZONING S23.477 $43 S35,640 $14 $35,800 0.45% increase
ENGINEERING 511.008 $25 $26.730 55.011 $32,000 19,72% increase
BUILDING INSPECTIONS $121.387 S121.679 S131,975 $60 $131,410 - 0.43% decrease
POLICE $1,026.170 5999,334 51.105,450 $468.884 $1,116,555 1.00% increase
FIRE $134.995 $147.472 S150,600 $79.413 $168.100 11.62% increase
CIVIL DEFENSE $1.303 S1.523 S5,050 $643 $5.050 0.00% increase
ANIMAL CONTROL $1,195 51.526 51,635 S275 $1,635 0.00% increase
PUBLIC WORKS- STREET MAINTENANCE S53,388 $43.734 858.280 $18,038 $61,355 5.28% increase
PUBLIC WORKS -SNOW REMOVAL $131,297 5106.155 $122,750 $50,970 5122,750 0.00% increase
PUBLIC WORKS - STREET LIGHTING $59 $6a,725 S68.000 $24,950 568.000 0.00% increase
TREE REMOVAUPLANTING 545,635 $35,020 S60,951 $23.420 S52.700 - 13.54% decrease
SANITATION & WASTE 5176.215 $187 5191 $80,203 5190,800 -0.13% decrease
PARKS S143,656 $123 5158.307 $40.575 5164.932 4.18% increase
COUNCIL CONTINGENCY S3.335 S7,134 $9,900 5530 $9.900 0.00% increase
TRANSFERS OUT S982,000 $792,600 S726,850 $363 $780,740 7.41% increase
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MTAL SUMMARY OF PAST GENERAL FUND EXPENDITURES $3,952,152 $3,731,911 $4,076,173 $1,730,902 $4,086,217 0.25% increase
2011 PRELIMINARY BUDGET Page 12
RESOLUTION 10- 09 - -27
CT:TY OF OAK PARK HEIGHTS
WASHINGTON COUN'T'Y, MINNESOTA
A RESOLUTION APPROVING THE 2011 PROPOSED BUDGET AND GENERAL FUND
LEVTES
WHEREAS, the City Staff: has prepared and submitted to the
City Council it's proposed budget for calendar year 2011; and,
WHEREAS, the City Council for the City of Oak Park Heights
has determined that the proposed budget as submitted by the City
Staff is in the Kest interests of the citizens of the City of Oak.
Park Heights.
NOW, '1 HEREPORE, BE IT RESOLVED by the City Counc:i_l for the
City o:f_ Oak Park Heights as follows:
1. That the 2011 proposed budget is hereby approved as
presented by City Administration in the t_ot.a;.l. Gener&_
Fund amount of $4, 086, 27."7.00.
2. That the City Administrator is hereby authorized and
di.r..ec Led to certify to Washington Coun.t.y the Proposed.
General Fund levy for the City of Oak Park Heights for
the calendar year 2011 in the amount of $3,514,104.0Z
3. The City Administrator is also authorized and directed
to certify to Washington County for collection The
proposed sum of $390,000.00 for Gener_a:l. Obligation
Cap:i.tal. Improvement Bonds of 2000, to be collected in
calendar year 2011.
Passed by the City Counc:i..l. for the City of Oak Par:'k. Heights
this Toth day of September 2010.
David I3caudet, Mayor
Attest:
Er.i.c Johnson
Administrator
Page 46 of 90
«, rm
Oak Park Heights
Request for Council Action.
Meeting Date September 14, 20 10
Agenda Item Title Schedule Public Comment/ Hearing meeting for Truth in Taxation
Time Required 5 Minutes
Agenda Placement New Business
Originating Department/ Requester Finance-Judy I-lolst, Deputy Clerk/ Finance
Director
Requester's Signature i
Action Requested Set date and time for public comment /hearing for Truth in
Taxation.
Background /Justification (Please indicate any previous action, financial
implicatior)s including budget information and recommendations).
All counties, school districts, cities over 500 population, and metropolitan special taxing
districts are required to hold a single meeting in which the public is allowed to speak and
the budget and levy is discussed. This meeting may be a part of a regularly scheduled
meeting. The hearing must be between November 25 and December 26 and be held after
6:00 PM. If a regular meeting is not scheduled then it will be necessary to schedule a
special meeting for this purpose. The meeting date does not need to be coordinated with
the home county auditor to avoid conflicting with meetings occurring in overlapping taxing
authorities.
At the meeting in which the proposed levy is adopted, the City i.s required to announce the
meeting time and location of the subsequent meeting at which the budget and levy will be
discussed and at which the public will be allowed to speak. The time and place of the
meeting must also be included in the summary of proceedings published in the official
newspaper. The City must also provide the county auditor with the time and place of the
public hearing at the same time the proposed levy is certified.
The budget and levy must be discussed and the final levy determined at the TNT hearing.
Council may adopt a final budget at this meeting, but is not .required to do so.
There is only one regularly scheduled meeting between November 25 and December 26.
The regularly scheduled meeting date is December 14.
If you would like to adopt the budget and levy at the TNT hearing, I recommend scheduling
the hearing for Tuesday, December 14 at 7:00 PM. If you wish to have a separate date for
the adoption of the budget and levy, you will need to schedule a special hearing date for the
TNT hearing or subsequent adoption hearing.
Page 47 of 90
This Page Is Left Intentionally Blank.
i
Page 48 of 90
I
Oak Park Heights
Request for Council Action
Meeting Date. S U` 10
Time Required:
Agenda Itein'ritte: The Parincrship Plan 5K Run/Race
Agenda Placement New Bus'
AdmLinistrator
Requester's Signature
Action Requested_-._ 3
bodies have advised).
The City has been approached by Ms. ChristincTubbs who repro.scnis "The Partnership Plan" (TIT), na
independent fund raising entity for tbe Stillwater School I)istrict about the proposed 5K fun ruu.'[hiu
ovent has occurred in the past, but isnow grown into a significant event attracting over 200 participants.
(see the enclosed brochure aod planned route niap)This run is planned to utilize Citystrects and t
wa ys omSmt October 2nd"20lO.
'\`hmco does oatoppeurto beusignificant in/lxwt{n the traveling public as u result ofthis event and will be
for a very short dutatior). All parkiog will be on the High School carnpus, (As compared to the Stillwater
Ma;nt)oo) Howover, consistent with recent practice, the Cityshould requiro and execute an appropriate
ugruo/ueot thutuu1liauxneoommnryxobotyxudinsorouoeprot000|auuvvoUuxrox000nh]unu`ou/tnfvCeff0o
execute the event where it occurs ou public property.
Chief DeRosior and I havc met with Ms. Tubbs to discuss an agreement, similar in scope to the agreement
with St. Croix Events. 1"he Partnership Plan will be responsible to cover City costs, if any and will be
subject to similar penalties fior non-performance, such as failure to remove signage or failure to provide
required staff. & draftoopy is uoo<nuod but does require addition discussion but it does npponctka1'I'Py is
amenable to the concepts o:guiunj.
Lastly, unlike the Stillwater Marathon, this event is operated as a NON-PROFITevent, as suchTPP has
r*qvedpd1bmttbeCityCouuoilonnsidervxxivjug0)m$500.OVin\pocttt*.Mo.7`uWhovvil|beuh]oto
attend the 9Yl4/l0 City Council meeting to discuss any general issues.
Recommendation-
Recommendation- Al[wwwthe TPP 5K event to occur on City street, tnwiX-wons, etc mnOct 2m/
2010 subject tm the execution wf a final agreement between the City and ]OPD»that i* satisfactory tm
the Chief of Police.
Page 4no,no
ION
6 '.
NOW
REGISTRAT M,
Make check payable to
The Partnership Plan �a
f.
The Partnership Plan
P.O. Sox 582, Stillwater MN 55082
Please print legibly, One forme per person.
Photo copies acceptable.
Address:
State: Zip: 4 -
E -mail:
Sex: M F Age on Race Day: � `? L ead - t - he Wa
r�
Pre- Reoistration (on or before 9/24) R��
t- rr7ile Fun Run 11 ,,
5k run/walk- '15 $ �
F Recsistration falter 3 /24) � � _,. .._,., _., __, ..... ......
t
4 -mile Fun Run 10
5k run /wall'; $20 $
1 -mile Family Fee (4 or more) S35 a�
{ Field ®av Events FREE _......._
Additional Donation $
T Shirt (not included with registration) $ 5.00
T-shirt size: o S M L c XL XXL .. :•
Kids: 0 S � M � L
Please read, understand and sign the foilowing waiver: I know that running,
walking and field games are potentially hazardous activities. I should not
enter and run unless I am medically ab €e and properly trained. i agree to
abide by any decision of a race official relative to my ability to safely
complete the event. I assume all risks involved with running or wa €ktno in
this event including but not limited to falls, contact with other participants,
and the affects of the weather including high heat and /or humidity, traffic
road conditions, all such risks being known and appreciated by me. Having
read this waiver and knowing these facts and in consideration of your
-t
accepting my entry, I release The Partnership Plan, Stillwater Area Public
Schools and the City of Oak Park Heights, sponsors and their employees,
o f cia €s and agents ("Released Parties") from all claims and liability arising J
cut of my negligence or carelessness or the negligence or carelessness of
the Released Parties and further agree to indemnity and hold harmless the
Released Parties from such claims, damages and costs including
to the Dross negligence or MINI and wanton u misconduc of the Released p y 's 4 s ` i &
Parties. I ailow the publication of pictures in which € appear for evens
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publicity and promotion.
Signature:
Guardian:
(If participant, is underage 16}
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Health and Fitness Fair
An active mind and body are developed by leading a
p healthy, balanced life. This includes getting enough rest, >,>
eating well and exercising regularly. This balance is hard
to achieve in He where the mind is pushed to the limit
cPar tnership _ ' but the body is often regarded as an after thought.
Connecting the mind, body and spirit is the focus for first
ever health and fitness fair.
The P artnership community Field Day p
.f
The Partnership lan is a non SO E 3 organization
P c P �) g
dedicated to enriching and enhancing the educational '
Experience the fun of the Kids Lead the Way Field
experience of students In StillwaterArea Public Schools.
Day program. Join us for a community wide field day
The Partnership Plan has supported and invested over
featuring gunny parachute ,
sack races, arachute to
four million dollars, money ocused sole) on creating -o-war,
y y g egg races, and so much more. A great way to have non �����; �'• o�
exceptional learning opportunities for all Stillwater^ > <:
competitive fun with your family and friends. ti
students.
The Partnership Plan is managed by a volunteer Board of r ^
W Directors and operates independently and separately from '
Stillwater School District 834.We work with District 834
cn
as a supporting partner, augmenting the rich tradition of
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academic excellence and educations! opportunities _ f'
o possible in the Stillwater Area Public Schools. T ! i �'�' ��A' s' s '
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CITY OF OAK PART{ HEIGHTS — TIII±, PARTNERSHIP PLAN
KID LEAD THE WAY 5 -K RACK. AGREEMENT 2010
THIS AGRI?EMENI' is made this th day of September, 2010 between the
CITY OF OAK PARK IIE'lGII']'S, Washington County, Minnesota ( "City "), and The
Partnership Plan, a Minnesota non - profit corporation (" rPP' ).
RECITALS
1, 5 -K Race. The City hereby authorizes '1PP to organize and conduct a 5 -K
Race to be known as 'fhe Partnership Plan's: "Kids head thy, Wa 5 - Race" (aruflor the
":Race'') in order to foster and promote tourism within the City aril tom! ;z'�?'Croix Valley
and encourage commerce within the City. The 5 -K Racc will be set up on October 2, 2010
and the Race will r'rrn on October 2. 2010.
2. The Events. ']'here will be a 5 -K Racc and possibly other shorter distances
including one (1) mile fun run, held in the Stillwater Area l figh School Stadium.
3. 5 -K Race; Routc. (Sec Map - 'T'Ahibit A ")
No route deviations shall occur ill the City without the prior approval of the
Chief of Police.
Startin.g and Finish Line. 'Fhe 5 -K Race starting line rvill be behind
Stillwater Area High School (loading dock vicinity) and the finish line will
be in the Stillwater Area Iligh School stadium.
I,irriitations. TPP agrees that the number of Racc participants for all races
will be limited to a total of'300 participants.
4. lees. T1 will pay to the City an impact fec of $500, or a reduced non-
profit rate, which will be placed into a dedicated Fund for City Park Development and Use
Purposes. This impact fee will not be itemized as a separate charge; on registration forms
Page 53 of 90
or other race related docurnents. This amount will be remitte.d.to the City by September
30` 2010. rpi) may seek a waiver and /or reimbursement of this fee from the City Council
at anytime.
5. Parking Control. The purpose of the Parking conditions is to ensure that
businesses and rnotorists retain parking availability for their customers during the 5 -K
Race. To further this purpose,
(a) `fPP will provide evidence of their agreement with the I figh School
that all participants may park on High School grounds:
G. Traffic Control Points. The intersections of till streets and roads on the.
Race Course (Course) within the City of Oak Park heights will be controlled by Police
unless the Chief allows approved event staff (provided and trained by TPP and as approved
by the Chief of' Police); such staff shall be equipped with proper NSTB compliant safety
vests to be provided by TIT'. n listing of volunteers specifically assigned to each Oak Park
Heights 'PCPs (traffic control points) and the training received, will be provided to the
Chief of Police by TPP events, to confirm all approves{ TCl's as assigned to volunteers will
be manned on the day of the race. TIT events will also have available oil race day
alternate volunteers available to back fill in the event of no shows by those previously
assigned. 'I'll's listing and completed training will be provided no later than September 25,
2010. In the event TPP does not provide the needed volunteer's the race SHALL not be
permitted to run through the City. Traffic SIIALL be allowed to cross the course at every
intersection, runner traffic permitting.
2
Page 54 of 90
In addition, Race staff SHALL assist residents with hones on the Course in getting out of
their driveways and escorting/directing them to the nearest cross street, runner traffic
permitting. Residences with homes on the course shall receive a direct mailing from 'I'I'I',
not later than September 25, 2010, informing them of specific Race timelines and will be
given a direct "hot line" number to reach on Race clay; such I number will be
staffed at ALL TIMES, including prior to, during and through 7:001)m on the day of the
event. Further, on the night be(ore the Race, TIT SlIALL make personal contact with
owners of vehicles that appear to be parked on the Race course. livery effort will he made
to miriirilire or even eliminate.the involuntary towing of'vehicles because of the Race. No
cars may be towed From any City street without the prior approval of the City Police
Dopartmcnt and prior to the towing of any car, the City Police Department must be
consulted.
If applicable and as determined by the Chief of Police, by September 25, 2010, a Road
Closure Plan shall be submitted by TPP to the Chief of Police for revkew. anc1 „approval.
']'his Road Closure flan, once in acceptable form shall be shall be attached here to as
- Exhibit C ". The course will he posted No Parking, by "IPI' no earlier than 1700 lies and
no later than 2200 hrs. on the day before the face along the runners side of the roadway or
as directed by the Chief c }f I'olicc. 'I he signs aid posts will be provided by `fl'P Events tit
their expcnsc. The route will be reviewed by the police department or other approved
persons by the Chief of Police. All signs will be removed by 71 events no later than at
1500 hrs. on the day of the event or within 4 hours after the event in the case of weather
delay.
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Page 55 of 90
7. Garbage and Rubbish Removal. All garbage and refuse generated by the 5-
K Race, including that left by spectators, will be removed properly and disposed of by
sundown on the day of the Race. TPP will be responsible to reimburse the City for any
subsequent cleaning determined to be necessary by the City as a result of the Race.
8. Portable Toilets. NOT APPLICA13L .
9, Water Sloes and first Aid Stations. Water and first aid stations will be
established at the start, finishes, and throughout the racecourse in keeping with National
Race Standards for 5 -K Races. All Aid Station workers shall carpool to any Aid Stations in
111e City so as to reduce any on- street parking. All on street parking by Aid Stalion workers
shall be consisicni with regular on- street parking requirements of the City. All Race
participants and aid workers must park in the designated locations a
10, Lnicnf encv flan. The Race: l mergeney I'lan will be designed and
completed by TI'P with the assistance of health experts. TIT will active]) seek input from
the City Police and other local public safety departments for the communities through
which the Race will pass, and Lakeview Hospital Emergency Services. The l.�mc1•gency
Plan must be approved by the Chief of Police for the City and will then be affixed hereto
as "Exhibit D ".
Further, TPP will retain a qualified medical doctor (MD) with expertise rega)
5 -K Races to review and approve the life safety Aspects of the Iirrlergency Plan. The City
reserves the right to review and approve the MD so selected, and TPP must provide proof
to the City that the MID so selected has been retained for this purpose. T1 agrees to
authorize the MD to cancel the Race as required to protect the health and safety of the
Race participants.
4
Page 56 of 90
11. Food, Licit€or and Vcndim�). TIT will not provide commercial Food, liquor
or vending, nor will they license others to provide these services to race participants in the
City. This provision does not prevent TPP from providing food and nonalcoholic
beverages to Race pa rticipants only and shall be consistent with the intent of` this
Agreement.
12. Closim of the Course. Barricades and cones shall only be set in place in
the AM on the day of the Race and shall be removed , ind the Race courses within 4 hrs of
the end of the event, TllP may locate these cones and barricades adJacent to the final race
location the clay prior to the ۥace, brit such placement may not interfere with traffic in
anyway.
13. Insurance. Hold Harmless, and Indemnity. TlT af;recs to indemnify and
hold harmless the City wish regard to any claims, causes of action or demands that might
be brought against the City arising out of the events authorized by this Agreement; and
further, TPP agrees to provide to the City evidence of insurance coverage of at least
$1,500,000 of connbined single limits covering clain)S that might be brought against then
that arise out of` the evenlh authorized by this Agreement in(] to naive the City as in
additional insured on their policy "as their interest may appear." This proof of insurance
shall be provided to the City Administrator not later than September 25. 2010.
14. Public lnlfornnation. TP1 shall snake extensive, delibera e i r it €native and
documented efforts to notify property owners and businesses along the Racecourses of in
restrictions that might be placed upon their movements during the Race. I..eaf7ets providing
this information must be delivered to each such owner by nail one week before the race
and ALSO delivered to the mailbox of each owner on the Friday before Race day.
5
Page 57 of 90
15, Cominiinity Participation. The City shall work in good faith with TPP to
encourage community participation in Race preparation and Race conduct.
16. Police Power. The Chief of Police or his designee will be contacted directly
10 minutes prior the start of the event to confirm that all traffic control points are covered
and the route is safe for the start of the race within Oak Park Heights. T he race will not
start until this "all clear" has been received from the Oak Park ]Heights Police Chief or his
designee. Ms. Christine "Tubbs of 'ITPP shall maintain and inonitor her personal cell phone
at all times on the day of the race, and such phone number shall be provided to the City
Police I.)epartment. On the clay of the race should continual attempts to reach Ms. Tubbs by
the City Police Department Dail, the City may without further notice cancel the race and/or
invoke other penalties. The City reserves the right to shut down the Race in the event the
Chief of Police (or his duly designated agent) determines that the public safety is
threatened, or the health or safety of Race participants is threatened because of weather,
temperatures, or any unforeseen cause that thrcatens the public health or safety or if
closure is directed by the Medical Doctor designated by the ]lace in the 1. mergency Plan
Should this occur, "TPP shall abide by the ruling of' the City and does herby waive any and
all claims against the City sho this occur. It is recommended by ��. City that TPP
secure appropriate event insurance.
17. Use-of-City-Parks, TPP may separately request in'Wri ing the use of various
City Parks during set up, execution of the Race, and tear -down. The City shall endeavor to
facilitate such use subject to prior reservations of record and that TPP agrees iii all
situations to allow continued casual public use of the Parks during this period. TPP's use
6
Page 58 of 90
of City Parks may not displace in any fashion the general enjoyment of City Parks by the
public.
18. City Costs. `llP must reimburse the City for all costs incurred by the City
to allow such Racy;, including but not limited to City Police Department, Public Works
Department, and Hire Department and as needed to safely conduct and maintain the 5 -IC
Race and supporting events as agreed herein. A refundable cash deposit of $1,000.00 must
be made; to the City by TlT no later than September 25, 2010.. This amount shall serve as
a security to the City and shall be reimbursed to TPP at such time TIT bays to the City all
costs incurred by the City and /or penalties due T he City shall invoice 1 P1 within 60 days
ofthe Race 161 all City costs incurred 161 the Race.
19. Namim, Ri�jjts, Rights to the name - 5 - K Race" and any logo or brazed
developed for the Race will remain the property of 'l'PP. Registration of the name or logo
as a trade name or trademark is reserved in TPR
20. T erm. T he term of this /agreement is for sin'- nionths unless terminated
earlier by the City.
21, failure oil the part of "1'PP events to comply with specific provisions of this
Agreement including the providing of the preparatory documents and actions may result in
the City implementing monetary penalties in the amount of `200.00 for each violation
and /or the City's revocation of "I'Pl''s permission to hold this race within the City. The City
will provide written notice to `IPP for each violation and will bill T7 for such violation.
The City may also conclude, through the decision of the Chief of Police that I PP has not
provided the required documentation and in the required timelines and the City may then
revolve the permission to hold the race within the City limits, as determined by the Chief of
7
Page 59 of 90
Police. It remains TPP's responsibility to provide the required documents in a fashion
wholly consistent Nvith the elates stated in this Agreement.
IN WITNESS WIIEREOF, the parties Have set their hands effective the day and
year first written above.
The Partnership Plan
Its Executive Director
STATF OF MINNESOTA )
COUNTY OF WASI IINGTON )
The foregoing instrumem was acknowledged before me this 13th clay of
September, 2010.. by _ _ [lie Executive Director, the duly
authorized agent Jbi - TIT, a Minnesota non- prolit corporation.
Notary Public
(_'ity Of Oak Park Heights
David I3eaudet, Its Mayor
ATTEST:
Eric Johnson, _.._._..__
Its City Administrator
8
Page 60 of 90
STATF OI MINNESOTA }
) ss
COUNTY OF WASHINGTON
TON }
The foregoing instrument was acknowledged bei nee this ....... . _ clay of
September, 2010, by David Beaudet, Mayor, and Eric Johnson, Administrator, for the City
of Oalc Park Heights.
Notary Public
9
Page 61 of 90
FIxhibit A
Route Map
Race starts and en(is at Stillwater Area High School.
C", cr.tm,dw C.— C."
AM
Lead the Way
SAHS
IAHI
.1 UV,gi
Page 62 of 90
Exhibit 13
I.)irect Mailing
The Boutwells" Residents residing on Nolan Avenue will be mailed letters informing
them of the race and the tinge. Residents will be informed that the Race is a 5k event
starting at Stillwater Area High School at 10am. 'ne first runner is expected down their
street between 10:10am and 10:15am, and the last rimner/walkers will be on their street at
approximately 10:30am.
Members of the StilIwater Area I ligh School Boys Crass Country 'yearn will be manning
the course and will be stationed at the entrance to Nolan Avenue to address any issues
with the neighbors.
The mailiclg will be sent on September 25, 2010.
Page 63 of 90
I.I'xhibit C
Road Closure Plan
There is no need for road closures Ior the uie Partnership Plan's Kids bead the Way 5k.
The Race route proceeds along 58' Street North crossing the entrance to the Autumn
I Tills neighborhood at Newberry Avenue North and Newgate Avenue North. The course:
then crosses Norwich Parkway and Norwich Ave North in the Boutwells neighborhood
twice. Members of the Stillwater Area High School Cross Country team will be stational
at each of these intersections, wearing reflective vests and using approved school
crossing flags to halt traffic as needed.
The Andersen Llementary School Patrol advisor will instruct the crossing guards on the
proper use ofthe Ili €p and how to direct traffic.
Page 64 of 90
Exhibit D
The I'l Plan
In the event of deteriorating Nveatlicr conditions, specifically the indication of tornados,
Race participants will be ushered into shelters at the beginning and in the middle of the
course. Participants on the Race Course between Newgate Avenue North, to the trail
immediately to the cast and behind the Norwich Avenue N. townhornes, throughout
Autumn Hills Park, and unto Nolan Avenue heading to the Boutwells' entrance of the
Stillwater Area High School I:'nvironment Learning Center, will be directed to the
Boutwells Landing main building. Once inside Boutwells Landing they are to follow
instruction of the building's staff.
Race participants on the course between Stillwater Area I Iigh School and Newgate
Avenue N., and in the Environmental Learning Center, will be ushered to Stillwater Area
1 Iigh School where: school district employees will direct them to proper locations within
the building.
The Stillwater Area I ligh School Boys gross Country "Team will be manning the course.
They will be equipped with walkie tallies and will be instructed on Nvhen to move
participants to designated shelters.
Dr. Carl Tubbs is the race medical director. Dr. Tubbs is a seasoned Ironman Triathlete
and has firsthand experience regarding the medical requirements for a 5k race. I le has
determined that first aid will be available as needed and that the Lakeview I lospital FMS
is most qualified to handle cases beyond minor first aid. The Partnership flan has
authorized Dr. Tubbs to cancel the Race as required to protect the health and safety oFthe
Race participants.
Page 65 of 90
This Page Ys Left Intentionally Blank.
Page 66 of 90
Oak Park Heights
Request for Council Action
Meeting late Ser)teniber 10' 2010
Time Requ ,_ ._.._._..__3_Mi.nu tes
Agenda Item 'Title: Consider Request for N O O PA R INN Zone - alojr�,Nprwicla Parkw4y ���
Boutwells I.midiirx `s - Southern En. €rance
Agenda Placement blew Business
f ,
Originating lie; par - trrrentMe?6 / 1 , ,ric Johnson, City Administrator / Pol cc Chic Brian
fl q lac l�osicr
Rcc uc. tea's Signature U
Action Requested w, ./Below
Background /Justification (please indicate if auy previous action has been taken or if other public
bodies have advised):
The City has received a request from Boutwell's Landing's Campus Administrator Debra Wacdt,
seeking the installation of a NO PARKING ZON1', adjacent to the southern entrance of the
Boutwell's l-,anding main facility. (See the enclosed email request Dorn lbs. Wacdt and leap).
Staff does not forsee safety or other issuers with the request at this time.
If the City Council does determine that this request should move; forward, it should approve same
by resolution.
Page 67 of 90
Eric Johnson
From Debra Waedt Idwaedt@preshomes.org]
Sent: Thursday, September 02, 2010 10:49 AM
To: Eric Johnson
Subject: Request to Designate a 'No Parking Area' on a City Street
Attachments: SKMBT,75110090209280.pdf
Eric,
In the interest of improving the driver visibility and safety of all those who travel Norwich Parkway, we
respectfully request permission to paint the curbs in one designated location to communicate there is no
parking on the street. There are times during each week where event traffic requires on street parking and
our goal is to merely allow traffic (and our older drivers) to safely enter and exit our main entrance. 'This
request has come from our Resident Advisory Committee who report some 'near misses' at the main entry
when drivers can't see around the cars parked on the street,
Specifically, we are looking at the north and south side of the road located on Norwich Parkway adjacent to
the Boutwells Landing main housing entrance. The north side of the street also has a fire hydrant
approximately 60 feet from our driveway that we need to keep unobstructed between the drive and the other
side of the hydrant. We would propose the same distance on the other side of the driveway and
approximately 40 feet directly across from the driveway. See the attached rnap highlighting the location.
We are open to additional suggestions if you feel there is another or better way to manage this situation,
Thank you for your consideration and direction.
<<SKMBT
dt ffi)
Vish Our nel'v vllobsiU of
Page 68 of 90
H-t
v
\ tl ` li
Puma \ I'i- 'S'': _ ;:7 ,:;�'i;. ti >.: r1. 1-1 Ulu
1.
54�IW UFREET
p2
i I L
A 11
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I � � � ` J �_W �I. \��
�_. //� -A aq�R
lu�
- M , TTP n
71. ... ...... ... ....
m Page 69 of 90
T his .Page Is Left Intentionally Blank.
a � ,war
Page 70 of 90
Oak Park Heights
Request for Council Action
Meeting Date September 14"', 2010
Time Required, _____,_5 Minutes
Agenda Item Title- APorove Resolutions relating) to Local Governmental Unit Authority,
Delegation of Wetland Conservation Act
Agenda Placement New Busia(
Originating Departmetiuffil es Qf: c Johnson City Adi
- Si
Requester's mature-. ..... .........
Action Requested 'cc Be W
Backgroand/Justification (Please indicate if arty previous action has been taken or if'other public
bodies have advised)-
The City has been requested by MN Board of Water and Soil Resour€ es. to clarify the City's
authorities on wetland rules and management. Basically, the City is required to provide the State
of MN (BWSR) a copy of a resolution in which the City acknowledges its responsibilities under
MN Stat. 8420 and the Wetland Conservation Act. Further, BWSR also desires aresolution.
consistent with past practice, that deinonstrates that wetland review and decisions will be placed
with appropriate City Staff with appeals to the City Council.1"he City has used Bonestroo (Ben
Meyer) for these determinations.
The requested actions are consistent with current City actions as the City has for softie time
performed local wetland reviews as well as being consistent with City Ordinance 406. Should the
City decide not to approve these documents, the City must delegate its authority to another
governmental agency.
Recommendation: Approve the two enclosed resolutions.
Enclosures:
I . Information sheet on Local Government Unit Duties for the WCA
2. Copy of City Ordinance 406
3. I-xample Wetland Notice of Wetland Conservation Act Decision -- Former Best Buy Application
4. Resolutions
Page 71 of 90
Prepared on 6/1108
Basic Loci Government Unit (LGU) Duties associated with administration
of the Minnesota Wetland Conservation Act (WCA)
The following list is not comprehensive (see WCA rules for all details), but it is
representative of the most common LGU duties and associated knowledge requirements
to fulfill those duties.
4. Review and approve wetland delineations and determinations
• Requires technical knowledge of soils, plants, and hydrology
• Can be coordinated with the Technical Evaluation Panel (TEP) depending
on the level of difficulty and the technical abilities of the reviewer,
• A notice of application is not required to be seat to the TEP, but it is
recommended that the LGU do so. (Decision notice to the TEP is required.
2. Review and approve wetland exemption /no- loss applications
This decision type generally requires a wetland delineation /determination
approval as well.
Some proposals can be reviewed and approved with limited technical
knowledge, others require technical knowledge. All require goad
knowledge of WCA rules.
Many exemption determinations are coordinated with the TEP, some
simpler ones and no- losses can be done without TEP coordination.
A notice of application is not required to be sent to the TEP, but it is
recommended that the LGU do so. Decision notice to the TEP is required.
3. Review and approve wetland replacement plan applications
This decision type requires technical knowledge of wetland design
criteria, seeding specifications, soil suitability for wetlands, hydrologic
calculations, etc. Also requires knowledge of replacement and
sequencing requirements and actions eligible for credit.
* These are typically coordinated with the TEP.
® Notice of application and Decision notice are required to be sent to the
TEP.
4. Coordinating and arranging TEE meetings for pre - application reviews and other
WCA- related items.
This requires no technical knowledge, but knowledge of rules governing
TEP procedures in the WCA.
Page 72 of 90
Prepared can 6/11/08
5. Properly send application notices to the T P
Replacement plan applications all require official noticing to the TP
(SWCD, DWSR, DNR, Watershed, and members of the public requesting
it). Notice must be sent within 15 days of application receipt. 9...CU must
determine if application is complete or not within the 15 days. Comment
period is set and LGU receives comments for consideration.
This requires no technical knowledge, but knowledge of replacement plan
procedures and requirements in the WCA rule.
6. properly send decision notices to the TFP
All WCA decisions must be noticed to the TEP within '10 days of the
decision.
This requires no technical knowledge, but knowledge of replacement pian
procedures and requirements in the WCA rule.
7. Enforce replacement wetland monitoring mquivements, review monitoring
reports, and certify replacement wetlands.
(6 Replacement and banking plans require 5 years of monitoring with
monitoring reports sent to the IWCU annually. LGU must certify
replacement as -built plans and completion of replacement after
monitoring.
Requires technical knowledge of sails, plants, and hydrology
8. Work with DNR and SWCD to identify and enforce WCA violations.
DNR provides enforcement and SWCD issues restoration orders. LCIJ
ca n establish a local enforcernent process as well. LCLJ provides TEP
member to evaluate and review violation sites.
® Requires technical knowledge of sails, plants, and hydrology as well as
extensive knowledge of WCA rules.
Page 73 of 90
406
WETLAND ORI3INANCE
AN ORDINANCE. FOR THE CITY OF OAK PARK HEIGHTS PERTAINING TO
WETLAND REGUALTION AND DEVELOPMENT ANY) ESTABLISHING
RULES FOR WETLAND PRESEVATION IN LAND DEVELOPMENT
THE CITY COUNCIL. FOR THE CITY OF OAK PARK HEIGHTS DOES
ORDAIN:
IND1:1X
400.010 TITI_,E
406.020 IN`t EXI , PURPOS[
406.030 DEFINITIONS
406.040 DL?SIGNATION Ol l'R0TI C1'I :;D WI
406.050 WE TI.,AND DELINEATION
406.060 WI :;'I'LAND 13UljI=ER AREAS
406.070 ACCEiPTA131..,I? [3UI`J`ElZ STRIPS
406.080 UNACCI :;[' "1'AI31.,1 1:3I.J1 1'I R S'1 RIPS
406.090 I'I RMIT'I'FD USES
406.100 STANDARDS I=OR DI:I.1N[`ATJ. WETI.,ANDS, I3U1 1 1 R AREAS,
AND NEIG1113ORING LANDS
406.130 WETI..,AND SETBACKS
406.120 AI_TI- RATION 01"1111`.? WE"I'LANDS
406.130 PUBLIC CONTROL, 01" Wl�171ANDS
406.140 WETLAND t3U[ MARKERS
406.150 WE'1I..,AND I3UI`H R MITIGATION
406.010 4 LE: 'Phis ']'itle shall be known as the (37T01 1 III GJITI
TI /E77.4N]AY ORWAIANCE and will be referred to hercin as, "this Title.''
406.020 INTENT; PURPOSE
A. Purpose: The Purpose of this section is to recognize, preserve and protect
the environmental, aesthetic and hydrologic functions of the city's
wetlands by regulating the use of vvetlands and their adjacent properties.
"These functions include, but arc not limited to, sediment control, pollution
control, filtration, fish and wildlife habitat and aquifer recharge.
13. Intent: The intent ofthis section is to protect wetlands to the maxi ill unn
extent possible while allowing a reasonable use of the property. This
section adopts the regulations and standards of the Wetland Conservation
Act of 1991 (WCA ), Laws of Minnesota 1991, chapter 354, as amended,
and the rules adopted pursuant to the WCA.
1
Page 74 of 90
406.030 DEFINITIONS
BU ITT" R
AREA: An undisturbed or re- established vegetated area in the upland area around
the perimeter of a wetland. It is all integral part of protecting the wetland
ecosystem thror. €gh filtering pollutants and providing adjacent habitat.
U PSL,OI -1 1::;
f3UF1 ::R ]^or purposes of this ordinance the buffef cdge means the edge ofthe
L;DGI?: bl €ffel' fiuthest away from the delineated wetland boundary.
I:;NI IANCI To improve the value of wetlands of wetland buffers with respect to the
purposes of this Ordinance.
MANAGE;: To control the use of \vet'land resources consistent with tile: purposes of
this Ordinance. Management ofwetlands includes conservation,
maintenance and enhancement.
S I J 1 tJRI A principal building of any kind, Orally piece of work artificially built tip
or composed of parts joined together in some definite manner.
Vl: GE'TA'I'ION
NATIVI ::: ']'he pre - settlement group of plant species native to the local region that
were not introduced as a result of settlement or subsequent IWInan activity.
WL "I'I,AND: hands transitional between terrestrial and aquatic ecosystems, where the
water table is usually at or near the surface or the land is covered by
shallow N-vatef. Consistent with the WCA, wetlands are to be identified
and delineated using the methodology set forth in the 1'ederal Manual for
Identifying and 1:)elineatirlg .lurisdictional Wetlands (Interagency Task
l'orec on Wetland Delineation, 1987). l"or pm of this definition,
wetlands must have three of the following attributes:
(1) Contain a predominance of hydric soi ]s;
(2) Are inundated of saturated by su €Mace of ground water at a
frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in
saturated soil conditions;
(3) Under normal circumstances support a prevalence of such
vegetation,
This definition does not include wetlands created from
Uplands either: (1) for stormwater storage and management
purposes, or (2) by actions not intended to create the
wetland and approved, permitted, funded or overseen by a
public entity.
2
Page 75 of 90
W I_. I 'LAND
EDGE: The line delineating the oute edge of a wetland. This line shall be
established by using the 1987 Corps of ];mincers (COE::) Wetlands
Delineation Manual (l."nvironmental Laboratory, 1987).
406.040 DESIGNA OF I'ROTI�,C'I ED WETLANDS: All wetlands that
fall under the reg].€lation ofthe Wetland Conservation Act and Department
of'Natural 17es0urces will be sl €bject to this ol•dinance.
406.050 WETLAND DELINI+.A`I'ION: A we tland delineation must be completed
and approved by the City's I?ngineer prior to the approval ofthe
preliminary plat and/or issuance of a building permit for any development
on unplatted land and all new commercial development. Wetland
delineations shall be completed for that portion of the wetland located on
the subject property. A determination of the total wetland size will be a
required submittal to allow the City to apply appropriate buffer width and
setback requic 1. Sti111ated wetland boundaries for the wetland area
located offthe property may be required at the discretion ofthe City
Engineer, where it may affect the width of the bufifer. Wetland
delineations will expire 3 years firom tale day they were approved. The
property owner is responsible for al] costs, as designated in the zee
schedule, in obtaining wetland delineation approval. The approved
delineation must be done by a qualified professional according to WCA
rules and be acceptable to the City designated LGU person and WCA
Agent,
406,060 WETLAND BiJ1 AREAS:
A. l'h1S Subsection establishes requirements for wetland bllffel- areas ar01.1nd
delineated and protected wetlands. Buffer areas are necessary and
beneficial to maintain the health of wetlands. l3uffef areas prated the edge
of wetlands from erosion while f €ltcring sediment chemicals and other
nutl from runoffthat drains into wetlands. Buffer areas can improve
the biological diversity and health ofa wetland environment while
reducing the adverse impacts of human activities and provide valuable
infiltration areas and help slow the 1 into the wetland to Prevent ]al•ge
fluctuations in water level, which can negatively impact the biotic
C0111111L711itiC5 ofthe wetland.
B. Buffer a1 1 by this section are areas of vegetative cover that are
upland of the wetland edge, and that occur in a natural condition or are
restored to a natural condition. BLIfifer areas consist of native vegetation
such as shrubbery and/or trees and/or native grasses and /or (orbs (flowers)
that are not mowed, fertilized or manicured in any planner.
3
Page 76 of 90
C. Wetland buffer areas must be created or existing buffer areas must be
maintained al - OUnd all delineated wetlands in the following situations:
1. When wctlands are required to be replaced or restored;
2. When new development occurs. for purposes ofthis subsection
new development means:
a. Any subdivision that creates a new lot that has no principal
use on it; Construction of a principal use on an existing
vacant parcel of land;
b. Issuance of a building permit for any development oil
Unplatted land and all new commercial development.
3. When redevelopment occurs. F01' purposes of this subsection
redevelopment means the removal ofthe principal use of'nlore
than 50 percent of its market value and r on the same
properly. This requirement does not apply if construction is the
result of more then 50 percent of the building being damaged by an
involuntary f«r•ce, such as fire, wind, or vandalism;
4. When the city requires a buffer' as part ofa variance, conditional
Use pernllt, 01' a Stte l)lall l'eVleW, Ol'
5. When grading of construction is proposed that requires it city
permit and the Proposed activity could potentially impact the
duality of the wetland by increasing hard surface run off, altering
existing drainage, or impacting an existing buffer.
D. Buffer area widths will be based on the wetland sire and whether it is a
DNIZ protected water.
Wetland Size Width of Huffer Area I) the Delineated Wetland
Boundary
0 -3 acres 15 feet
Greater than 3 25 feet
DNIZ protected Water (including wetlands, lakes and streams) 35 feet
4
Page 77 of 90
L. fn cases of new development or redevelopment the city may require that
vegetation ill the Wetland buffer be installed prior to the issuance of the
certificate oCoccupancy. The city may waive this requil•eillent in lieu ofa
cash escrow or letter of credit equal to 150 percent of the cost to install the
required buffer.
f The city may allow the disturbance of all existing bLlffer or created buffer
areas dln'ing the course ofconstruction activity. This disturbance nIust be
kept to a minimum, soils rllust be decompacted to a level that will
accommodate root growth, and the bl.111el area 111L€St be r'e- eStablished as
required by the city. The city will determine the amount of allowable
disturbance. The city may require a cash escrow or letter of credit equal to
150 percept of the cost to r the buffer to its original condition.
G. The city may require buffer area planting and maintenance when the city
determines that there is inadequate vegetation in the buffer area to meet
the intent ofthis section. The city may require a cash escrow or letter of
credit equal to 150 percent of the estimated cost of the vegetation and
installation. The escrow or letter of credit must be valid For up to three
years and may be used by the city to replace any vegetation that dies. The
escrow can be released by the city if the City Engineer approves the bUITCl
vegetation.
11. The afPccted property owner or homeowner association that is responsible
Ibr• the maintenance must:
I . Maintain and repair damage to buffer areas from such activities as
mowing, cutting, trading or other prohibited activities, unless
mowing is approved by the city as a buffer management strategy.
Permission must be obtained from the city before implementing
bufTel� management strategies, which May include mowing,
burning and (lie use of herbicides.
2. 13c responsible for €llailntaining only the permitted vegetation in the
buffer area and must remove all noxious weeds and invasive, non-
native species such as luropean buckthorn;
3. Ensure that all soil surfaces ill the buffer area are printed with the
permitted vegetation and that there is no open soil surface that may
result in c €'osion.
5
Page 78 of 90
406.070 ACCEPTABLE BUFFER STRIPS:
A. Continuous dense layer of perennial grasses that have been uncultivated or
Unbroken for at least (10) C011SCCUtive years. or
13. 1 las an over story of trees and/or shrubs with a herbaceous layer that has
been Uncultivated oi' unbroken for at least ten (10) consecutive years and
does not contain bare oi• disturbed soil that is greater then 10 %, or
C. 1f it 113ects the qualifications of A and B above and is not determined to be
Unacceptable based on the criteria under Section 8, Unacceptable Buff - er
Strips,
406.080 IJNACCEi E BUI +FER STRIPS: Unacceptable buffer strips all,
described below. The City's designated official shall determine if a
wetland buffer is acceptable at the time of the wclland boundary review.
li'determined to be unacceptable, the applicant must submit a landscaping
plan that utilics native species to the city's designated official for review
and approval.
A. It has 30% or more of its vegetation composed Of Undesirable plant species
(including, but not limited to reed canary Morass, common buckthorn,
purple loosestrile, leal) spurge, bull (histle, and other noxious weeds), oۥ
B. llas bare o€' disturbed soil that is greater then 10% of the area, or
C. Contains turf grass (Kentucky bluegrass) that is greater then 10% of the
area.
406.090 PERMIT'T'ED USES:
A. Disturbance or work within the wetland buffer areas cannot be done unless
it is 'for one of' the following uses:
1 . Native vegetation, provided that no change is made to the )round
elevation:
2. Wildlife and nature preserves;
3. Docks and reasonable access to the wetland, poles that are less
than two feet in diameter to be used for boardwalks and bridges;
4. 1'U €blic and private flood control structureS, ponding and drainage
facilities and associated accessory appurtenances;
5. l"nvironmental monitoring o€' contra/ facilities, including those
related to water quality and wildlife regulation;
6
Page 79 of 90
6. OVCHIead utility poles and lines that are less then two Peet ill
dianICtel', underground utility lines and distribution equipment,
light poles, traffic Signals, traffic regulatol'y signs, mailboxes and
ether equipment that provide an essential public service;
7. SlruCtul - CS if the city determines that a particular Structure will
protect the %vetland from erosion;
8. Maintenance of an existing public or Private la\vfUlly located road,
Structure, or filCilit)', including, without limitation, drainage
faCilltieS, watU COnVCyanCC titl'llCtureS, dams, fences or trails. and
'Ill)' jaClllty nSed to provide transportation, electric, gas, lvatel - ,
telephone, tClegral)h, telecommunication, or other services;
9. Maintenance of an existing 111rm or stock pond, irrigation ditch,
fence, or drainage system;
10. Weed control consistent with state and county laws; and
11. (;ontinuatioll of existing agricultural practices. such as cultivation
and harvesting of or pasturing of livestock or change of
agl-icl.lhural practices which has no greater impact on Welland
function:
12. 1111l)erviouS trails (no wider then 8 -feet or as approved by city) if
upslope of'wetland by a minimum of 15 feet;
13. ( I'll ut lit) rized by the City Engineer for floodwatcr storage or water
quality benefits,
/106.100 STANDARDS FOR DELINEATED WFT LANDS, 1311JFFEIZ AREAS,
AND NEIG911BORING LANDS: The following standards apply to all
land ad joining a delineated wetland, wetland buffer areas, and to
neighboring lands:
A. Protection of walands and Nvetland buffer areas.
I . Except as modified or regulated by the standards of ibis
subsection, all requirements of the underlying zoning district
apply.
2. No St►•uctures are allowed in the wetland buffer area.
7
Page 80 of 90
3. Activities including, but not limited to, building, paving, mowing,
cutting, filling, dumping, yard waste disposal or fertilizer
application are proldWed in the buffer areas. Mowing may be
permitted when approved by the city as a buffer management
strategy. 1lowever, invasive non-native vegetation, such as
E uropean buckthorn and noxious weeds, may be removed.
4. Before grading or construction near a wetland overlay district or
buffel area, the owner or contractor must place and nlaiSW
erosion control fencing on the upland side of the perimeter of the
wetland overlay district or wetland buffer area, which ever is more
restrictive, or as required by the city. This fencing must remain in
place and be maintained by the owner until all development
activities that may affect the wetland and the wetland buffer area
have been finished and adegt€ate vegetative cover has been
established. It is the responsibility of the ultimate properly owner
to remove the silt fence once vegetation has been established,
5. All hard surface runoff m]rst be treated in accordance with the
requirements of flIC city and the appropriate watershed district.
Treatmolt nay include site retention, skimmer's, weirs or
sedimentation ponds ofapproprinte scale. Structures and ponds
serving this purpose must be properly maintained and serviced by
the property owner.
6. Discharge into the wetlands Must occur at a rate no greater than
allowed by the City Engineer in accordance with the city's water
resources management plan and the appropriate watershed district
mcll.€ I iements.
7. [.developers and property owners will be responsible for erecting
wetland and buJTer markers at the upslope edge of the buffer. The
city will provide artwork and verbiage for the sign.
8. Wetland Jill impacts will not be 0owed to accomplish the
fulfillment of the buffer width and setback requirements. Buffer
Mitigation requirements are provided in Section 15.
406,110 w TLAND SETBACKS
All buildings (principal and accessory), must be set back at least 20 feet
from the upslope edge ofthe wetland buffer.
Page 81 of 90
A. Use exceptions to the 20 -foot setbacks include: play structures and
uncovered porches. Patio slabs, driveways and parking lots may extend
within 10 feet of the buffer edge if approved by the City Engineer. In
some cases depending oil the all1011111 of ii11I)Ci'VIOUS Slil'tace created, the
City Wginee r may require treatment front a driveway or parking lot
before it enters the wetland or buffer.
13. A setback from the Duffer line is not required for overhead utility poles
and lines that are less than two feet in diameter, underground utility lines
and distribution equipment, light poles, traffic signals, traffic regulatory
signs, mailboxes, and ether equipment that provides an essential public
service.
C, A setback is not required for fences or rLtalning walls. However, they may
not be located \within the bunter area unless approved by the City
Engineer.
D, An existing structure, drivewtiy c>r parking area nicetint, the required
setback front a city - designated wetland boundary or bunbr area is
considered a legal nonconforming development if a later Nvetland
delineation or implementation of a 1Vcdmd buries• Shows that the wetland
or its golfer is closer than the required setback.
4066 20 AL'I'EI A'l ION OF ' IJE W>it,TI,ANDS: No alteration of wetlands or a
wetland buffer is allowed without a wetlands alteration permit, subject to
the approval of the City Council. hedvRies that constitute an alteration
regulated by this section include:
A. Placement of any material, including, without limitation any sail, sand,
`;ravel, mineral, aggregate, organic Material, or water;
13. Construction, installation, or placement of any obstruction, w the t',i•ectioll
W a building or struct se,
C. Removal, excavation, or dredging of solid material of any kind, including,
without limitation, any soil, sand, gravel, mineral, aggregate, or organic
materbi unless approved by the city for wetland enhancement or
floodwater storage purposes;
D. Removal of any existing vegetation or any activity, which will cause any
loss of vegetation in a wedand unless it is part of a wetland restoration
activity approves{ by the City Enginecr, or is removal of dead or diseased
trees:
I;. Al teration of the water level or wMer table by any means, including,
without limitation, draining, ditching, trenching, impounding, or pu111ping;
and
9
Page 82 of 90
l . DistUrbance of existing surface drainage characteristics, sedimentation
patterns, flow patterns, or flood retention characteristics by ally means,
including, wlthOLIt 11r111tati011, grading and alteration of existing
topography.
Alterations do not include wetland planting or the selective clearing or
Pruning of trees or vegetation that are dead, diseased, Iloxious weeds or
Similar hazards.
406.130 PUBLIC CONTROL OF WETLANDS:
A. The City Council may require that the owner of any property affected by
this ordinance must record wetland and buffer area easements or
restrictive covenants within the property's chain of title. 'These easements
err covenants must describe the boundaries of the wetland setback and
huf'I - cr area and prohibit any building, paving, mowing (un)ess approved as
a 111anagenlcllt strategy), cutting., f dumping, yard waste disposal or
lcrtili er application Within the wetland and the bUITCl area. The ONvrler Or
developer must record these casements or covenants with the final plat,
with deeds from a lot division or, it'no subdivision is involved, bcfor the
cite issLles a grading permit or building hermit Far an affected property.
The applicant r11LISt submit evidence that the casement or covenant has
been submitted to the coL€rlty for recording.
13. lftkle City COL31161 does not require an CHSei11L'nt or covenant, the city may
record a Notice of the wetland and buffer area rcquircments against the
property. The property owner must still comply with the requirements of
this section.
406.140 WETLAND BU)<i1i +ER MARKERS:
A. When JIM development or r results in residential or a
bL €sines use, the developer must place markers at the upslope buffer edge
With a minimum spacing of 75 feet or of one per lot.
B. The marker shall consist of a four -inch square treated post, installed to a
height of I��ur feet above grade and set at least 42 inches into the gromid.
C. Bolt or screw sign to post.
17. Proposed locations of signs shall be shown on grading or site plan. In
general, the location of signs shall capture the portion of the buffer that
extends the 1in upslope into the lot. The plan that shows the location
of the sign shall be provided to the City Engineer for review and approval.
1 . Artwork and verbiage shall face principal living (structure).
10
Page 83 of 90
F. Artwork will be provided by the city, however the source of sign is at the
discretion of the project sponsor.
406.150 WETLAND BUFFER MITIGATION: If an aUthorized regulatory
authority (MR, City) approves a wetland permit that impacts wetlands,
the applicant will be required to replace the buffer on the fill slope. The
applicant will not be allowed to increase the proposed fill to accommodate
the required buff - el•. In instances where a 25 foot buffer is required and
could reSLlh in impact to the wetland, the City Engineer may allow the
applicant to reduce the width Orthe buffer to a minimum of' 15 feet if the
overall average of the buffer is still met along the wetland. A variance
will be required if a buffer width minirnum or average cannot be met.
When a wetland is completely filled, the buffer area requirement
associated with the size ofthe wetland that wits filled will be requires{ 1'61 -
the replacement wetlands ullless replacement is occurring adjacent to it
larger wetland. In this case, the buffer area requil•cment far the largo
wetland will apply. A landscaping plan for the buffer replacement site will
be required. The landscape plan shall utilize native species and be
submitted to the City's l: ngincer for review and approval.
or(linumv Adf)pi cl by City Council: dcaima y 13, 00 -1
11
Page 84 of 90
Name and Address of Local Government Unit:
City of Oal< Park Heights
Attn: Mr. Erie Jolmson
14168 Oak Park Boulevard
Oak Park Heights, MN 55082 -2007
WCA Agent
Bocrestroo
Attn: Mr. Ben Meyer
2335 West 1-1igliway 36
St. Paid, MN 55113
Nalco of Applicant: Robert Brackey Project Name: Brackev 4 "' Addition (Best Bm
Application Number: 55, -{ }000 -1
Type of Application (Check one); ] Exennphon Decision
❑ No Loss Decision
[❑ Replacement Plata Decision
❑ Banking Plan Decision
Wetland Type /Boun(lai•y Decision
Date of Decision: November 26, 2007
Check One: ❑ Appi•orved
Approved with conditions
❑ Denied
Summary of l- ) ro ' ject /Decision: Wetland delineation reviewed on October 16, 2007. Current
conditions on the site include a lame oven water pond with an area of shallow Marsh in the
central hart at the north end of the Basin. One 'Type 3 wetland is located on the site, surrounded
by an excavated storm. pond, Historic nhoto evidence m in the delineation report sunports
that the orizinal wetland area was similar to the NWI polvaon. No hydric soils are mapped on the
site accordint,1 to the Washimaton County soil survey. The storm pond was created as hart of the
Menard's store development in the late 1990s. 'Therefore, the wetland boundary is approved for
Wetland A as identified on Exhibit 5 of the Wetland Delineation Report. Tlie remainder of the
basin, referred to as fond A. is a storm pond and therefore not regulated per WCA Rule
8420.0122 Subt). 5.
- Purge I of 3
Best Buy Notice of WCA Decision 11/26/07
Page 85 of 90
I.1ist oI' Ad(llressees:
Landowner:
Brackey, Inc.
Aun: Mr. Robert Brackey
80 East Arlington Avenge
St. Paul, MN 55117
Members of Technical I'valuation Panel:
MN Board of Water and Soil Resources
Attn: Mr. Les l..,emm
520 Lafayette Road North
St, Paul, MN 55155
Washington Conservation District
Attn: Ms..lyneen LA 'hatcher
hatcher
1380 W l rontage Rd, I Iighway 36
Stillwater, MN 55082
Watersh District 01 Watershed Mana <�cn�c��f €ior� (If €icable):
Middle St. Croix WMO
294 North 3 " Strcct
Bayport, MN 55003
1)el2 nt oi'Natural Resources Re�,�ional,.E ffice_.
DNR Ecological Services Section
Attn: Mr. Wayne Rarstad
1200 Warner Road
St. Paul. MN 551 {36
Cor12f iltjncers Project M_aita e cr)
Department of'the Army, Corps of l;nginecrs, St, Paul District
ATTN: Mr. Dan Seemon
190 Fit'th Strcct Fast
St. Paul, MN 55101 -1638
Individual members of the public who requested a copy. sumnlary only
City F'iigineer, Oak Park Heights
ATTN: Mr. Dennis Posticr
Bonestroo, Rosenc, Anderlik & Assoc.
2335 W. I lwy 36
St. Paul, MN 55113
Westwood Professional Services
Aun: Mr. Shawn Williams
7699 Anagram Drive
Eden Prairie, MN 55344
- Page 2 of.")
Best Buy Notice of WCA Decision Page o�I
You are hereby notified that the decision of the Local Government Unit on the above -
referenced application Was made on the date stated above. Pursuant to Minn. R. 8420.0250 any
appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota
Board of Water and Soil Resources within thirty (30) calendar days of the elate of the mailing of
this Notice.
THIS DECISION ONLYAPPLIES TO the Minnesota Wetland Consel•vation Act. A(l(litional
(11)1vowls 01' p ermits fil - oils local, state, and fc'(le wl agencies may be re(uh -ett. Check with all
apivol)Piate authoi - hies l)ef ve commencing jvoi in oi' heal' ivet1(tnels.
LOCAL GOVI;RNMFNT UNlT
City of Oak Park Heights
Novernber 26, 2005
Signature 1)ate
13 amin I..,. Mcw_t_� . W( A Ag,en_t 0-,�k_I? ark I3 -i llts„
Name and "Title
- Page ) 01
Best I3uy Notice oi' WCA Decision
Page 0 f90�
R ESOLUTION
A RESOLUTION REGARDING THE ADMINISTRATION
OF '11`HE MINNESOTA WE TLAND CONSERVATION ACT
WHEREAS, the MiDnesota Wetland Conservation Act of 1991 (WCA) requires local government Units
(LCPUs) to implement the rules and regulations promulgated by the Board of Water and Soil Resources
( WSR) pertaining to wetland draining, filling and excavation; and
WHEREAS, Minnesota Rules, chapter 9420 have been adopted by DWSR in accordance with the
rulemaking provisions of Minnesota Statutes, chapter 14,, for the purpose of implementing WC,A.; and
WHEREAS, the City of Oak lark Heights agrccs to provide; knowledgeable and trained star' With
c;xpertise in water resource n1artag011e nt to manage the program as required by Minnesota Rule
8420.0200, Subpart 2, Item B; and
WHEREAS, Mimiesota Mule 8420.0200, Subpail 2, ltern A. requires that each LOU of the State seed a
written ackoc3rn�ledr ez �.erit including a co of the adopting resolution, to 11WSR that it is assuming its
responsibilities Yonder chapter 942 0 and the act,
NO , T HEi .EFORE, BE 11 ICI + "SOLVEM that the City of Oak Park. Neights hereby accepts the
a.othority and administrative responsibility to implement WC A as the LGU within The legal boundaries of
the City of Oak Dark heights as of July 1, 2010 in accordance with MiDnesota Rules, Chapter 94200
Adopted this 10' day of Septciaber, 2010.
David Beaudet, Mayor
Attest,
Eric Johnson, City Adn - iinistrator
Page 88 of 90
RESOLUTION
A RESOLu' #0N REGARDING$ THE ADMINISTRATION OF THE MINNESOTA
E"I'I..,AND CONSERVATION ACT
WHEREAS, City of Oak Park Heights has accepted the authority and administrative responsibility to
implement the Wetland Conservation Act (WCA) within the legal boundaries of the City of Oak Park
Heights in accordance with Minnesota Mules, Chapter 8420; and
WHEREAS, City of Oak. Park. Heights is authorized by Minnesota. Administrative Rules Part
8420.0200, Subpart 2, Item C, to delegate certain functions with regard to implementation of WC.A
including the authority to i ake: decisions on applications, with its staff.
NOW, THEREFORE, BE IT RESOLVED by the City Co(mcil of the City of Oak Park Heights,
that decision- making authority for all WCA decisions and applications is placed with the City staff
and/or their designee,
AND, that decision authority 1 replacement plan and wetland Nmking determinations are placed with
the City Council of tho City cif 0a.k: Park Heights;
AND, City Staff nay request City of Oak Dark I- leights decision authority foci exemptimi, no -- lass,
wetland boundary and type, and sequencing de'tenninations.
AND, appeals of staff decisions will be heard by the City Council.
Adopted this 14` clay of September, 2010.
l3 Y: _ ............._.
David Beaudet, Mayor
Attest:
Eric Johnson, City Administrator
Page 89 of 90
i! r §2e G Leff !!! Rndona#> Blank.
Page 90 am