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HomeMy WebLinkAbout09-28-10 Council Packet CITY OF OA K PARK HEIGHTS TUESDAY, SEPTEMBER 28, 2010 CITY CO UNCtL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order /Pledt7e of Allegiance /Avrlroval of Agenda Evillmled times 7:05 p.m. 11. Department /Council Liaison Reports A. Planning Conlnlission 13. Parks Conmusslon C. Water Management Organizations D. Other Liaison /Staff reports 7:10 1).m. III. Visitors /Public Conin7ent Recycling Aw-lyd (I) This is an opportunity 1i1r t17c lnrlflic to aIdch the Council with questions or concerns on issues not part oi' the re-oular aunda. (Phase liillit comments to 3 minutes in ]cngt] }.) 7:15 p.m. IV 'onsen( A_ 2cn cla (Roll C'all Vote) A. Approve Bills &_ Iln csirnents B. Approve City Council Minutes - September 14, 2010 (2) C. Approve On -Sale I.Jquor Licellse Transfer for Apple Minnesota LU' dba Applebec's Neighborhood Grill & Bar (3) D. Amend Park Commissioll 13y -Laws - -- Changing Regular Meeting Start 'rime froth 6:30 p.m. to 7:00 p.m. (4) T. Approve Donation from Wal -Mar( to Police l)c:partrljent (5) 7:20 p.m. V. Public Heari_al2s Norse 7:20 p.m. VI. Old L3usilless A. City Hall Facility 7:20 p.m. VII, New Busine A. Assessment Services Contract with Washington County (G) L3. Request for Conditional Use Permit for A Detached Garage -- 15087 64"' Street North (7) C. Consider Resolution for Continuing Participation in the Metropolitan Livable Colnnlrnlitics Act (S) D. Yellow Ribbon Community -- Sigrlage (9) 7:30 p.m. VIII. Adiourni - rent Page 1 of 60 This Page is Left Intentionally BlanL t' vr 1'l, 1 Page 2 of 60 i Y Oak Pare Heights Request f ®r Council .Action Meeting Date September 2Y, 2010 Agenda Item Recyclin _Award Time Req. 0 Agenda Placement Visitors /Public Com Originating Pinski Requester's Signature Action Requested on I3ackg.round /.Iustilicatioai (Please indicate any previous action has been taken or ICother pubhe bodies have been advised). Sec Attached. Page 3 of 60 UF AID PARK HEIGHTS 14108 Oak hark Roidcvard No. ° 1 Box 2.007 ° Oitk Park Heights, MN 55082-2007 ° Phone: 651M:39-4439 Fax: 6.51/4:39 -0574 September 23, 2010 Gary & Kelly Walther 5665 Oldfield Avenue North Oak Park Heights, MN 55082 Dear Gary & Kelly: 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 detector Your residence was checked on Thursday, September 23, 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]. Jennifer Pinski f Administrative Secretary /Deputy Clerk Tree Clay U.S.A. Page 4 of 60 Oak Park Heights Request for Council Action _ R4octog September 28, 2010 Agenda |\om no(cm—S hu'| _ Time Agenda Placement cousont __ ___ O i iuut ��})oDudu) u�x�`� /\dnnirix�oiioo/ onuifu Pioski ____ - ' ' � . __ _---____ _ ) � \ � Keovox|crxSignu{ore_ �- \ �' / ����___ ....... .............. .... ______ Action koqoex rd M in Wes __ ... .......... ..... ..... ............................. .............................. _ 1.�uuk()round/]uo\i6cn\jou (ylcooc inJicu|u any prev] oils action bux been bnkmn of ifn{hcryubUc hndins have been ud\ixcd\. See Attached. Pogeno,00 CITY OF OAK PARK HEIGHT'S TUESDAY AUGUST 24, 2010 CITY COUNCIL MEETING MINUTES 1. :all to Oi detAlled!!e of Allei!ia €nee /Approval of Aacnda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet, Present: Councilmembers Abrahamson, McComber, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney ViCrling, Finance Director Holst, Police Chief DeRosier, and City 1119ineer bong. Absent: City Planner Richards. Mayor Beaudet added "NI-,C Business Meeting - Appoint Councilmember McComber as Voting Delegate" as Consent Agenda Item 1L "City Hall Facility" as Old Busi €ue.ss Item A.I .; "Award LLD Lighting Project to Hunt Electrical Consider Alternates and Funding" as Old Business Item D- and "City Hall Facility Ot)en I louse" as Old Business Item 1:?. Councilmembcr McComber, seconded by Councilmembcr Swenson, moved to approve the Agenda as amended. Carried 5 -0. C.ouncilmember Rulal<, seconded by Councilmember Swenson, moved to pull Consent Agenda Item (i, and add to Old Business Item F, Carried 5 -0. llo LDC-Pa "tanclit /Council Liaison Reports: A. 1?lann ir�C'omm i ssioD _ Councilmember Abrahamson reported that the next meeting of the PIanning Commission was set for September 16 at 7:00 p.m. 13. P C mission Councilmember McComber reported that the next mectiog of the Parks Commission would be held on Monday, September 20 at 6:30 p.m, and that a walkthrough was scheduled Tor September 18 at 9 a.M. beginning at Cover Park. C. Water Manar_3cment Or� €ions /Middle St. Croix: Mayor I3caudet reported that the next meeting of the Middle St. Croix Watershed Management Organization was scheduled for October 14 at 7:00 p.m. at the Washington Conservation District Office. D. Other I-,iaison /Staff Rcoorts: Couracilmember Swenson questioned the whether the park benches at the bus stops in the City could be put in City parks. City Administrator Johnson reported that he corresponded with Metro `I'ransit. "They informed him that the benches were installed by US Bench. Ile stated that he spoke with US Bench, and they are amenable to putting the benches along the trails in the City and would move them for - the City. Page 6 of 60 City Council Meeting Minutes September 14, 2010 Page 2 o f 6 Councilnlember McComber reported that the Beyond the Yellow Ribbon recognition event was scheduled for September 22 at 2:00 p.m. in Farmington. Administrative Secretary Pinsl:i reminded residents of the upcoming ball Clean -up Day scheduled for September 25 from 7:30 a,m. to 1:00 p.m. M. Visitors /I'ublie Comment: A. Jill, Martin, District 56A Minnesota l louse Candidate, was present at the meeting and introduced himselt'to the council. 13. Recy Awa gd: Administrative Secretary Pinski reported that Kenneth and Dianne May of 5510 O'Brien Avenue North were chosen its the recycling award winners. IV, Consent Af_)enda- A. .Approve Bills & Investmeilts B. Approve City Colincil MillutCS AU( 24, 2010 C. Approve purchase of Recycling Bids in the Amount o'1 $ 1 ,97 1.1 1 froin Council Contingency 1"und D. Accept Grant Receipt ofTwo In -C.'ar Digital Video Systems E. Approve Purchase ofBullet Proof Vests T. Approve 2010 --. 2011 Snow flowing Agreement G. MOTIED TO OLD BUS' ATENS' 17 /1 E. II. Nl,C: Business Meeting -- Appoint Con ICilinember McComber as City Voting Delegate Counellnlember McC'omber, seconded by Councilnlember Swenson, moved to Llpprove the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public I A. Increase in On -Sale IntoxicatinL Liatior License Nees. On -Sale Non - Intoxicatina Liquor License Bees, Oft Sale Non- lntoxicatin�4 Liquor License Dees, Wine I.,icense bees, and Tobacco License t=ees: l "'inance Director llolst reported that the fees had not been raised in three years. Ilolst recommended increasing the on -sale intoxicating liquor license fee from $2,910 to $3,160 per year, the on -sale non intoxicating; liquor license f'ee from $150 to $160 per year, the off sale non - intoxicating liquor license fee from $50 to $55 per year, and the wine license Fee from $600 to $650 per year. Page 7 of 60 City Council Meeting MinUIC',S September 14, 2010 Page 3 of 6 No public comments were made. Councilmember McComber, seconded by Councilmember Swenson, moved to close the Public Hearing. Carried 5 -0. Councilmember Runk, seconded by Councilmember Swenson, moved to approve the Resolution increasing the fees as recommended. Roll call vote taken. Carried 5 -0. VI. (old Business: Al. Cig all facility: Randy 1. ngcJ of Buetow and Associates, architect for the City I lall facility, reported that phase 1I of the project was near completion. I-Ie reported that a quote was received foa lights at thu flag pole. The quote was for two options: one light for $2,350 or two lights for `3,850. Mayer I3eaudet, seconded by Councilmember Abrahamson, moved to accepi the charge order to have one light for the flag pole installed not to exceed $2,400 by I,inncr F'lectric. Carried 5--0. City Administrator Johnson reported that the energy �iudit rebate checks from Xcel 1?nergy were received that day. Engel reported that a price request was received to eliminate the concrete barriers at the southwest and north portions ofthe wood fence. He stated the barriers were originally specified to protect the fence but are not necessary. Eliminating the barriers would result in a `2.625 credit to the City. C.ouncilmcmber Abrahamson, seconded by Councilmember Swenson, moved to accept the credit. Ca rried 5 -0. I. ngel reported that specifications were made that the pattern in the vinyl wall covering in the council chambers was to match. I le reported that the pattern does not match in some areas. I le outlined options to remedy the problem. Mayor I3eaudet, seconded by Councilmember Abrahamson, moved to accept the wall covering as is. Carried 4 -1, McComber opposed. Engel reported that lie spoke with the manufticturer regarding the sound From the ballasts in the council chambers. I-le stated that they agreed there could be a problem. Engel reported that they will be conducting field tests on September 29, He stated that he will work to correct the problem at no cost to the City. Page 8 of 60 City Council Meeting Minutes September 14, 2010 Page 4 of Ci EIngel reported that the electrical engineer would be preparing a solution to the coloration problem oil the camera images from lighting in the council chambers. Mayor Bcaudet, seconded by Councilmember Swenson, moved to accept the lighting as is for broadcasting. Carried 5 -0. Councilmember Runk noted that the stop sign coming into the parking area from 57"' Street was difficult to sec in advance. I le questioned whether a stop line could be painted or whether another sign could be placed on the left-hand side of the entrance. City /attorney Vierling stated the City would have to loot: into MNDOT standards. City Ad1i1i1ii5t1'atoa .lohnson reported that staff would look into options. Johnson also reported that Public Works Director Kegley ordered signage for the roundabout. Councilmember McCornber suggested staff look into solar signagc. A. 1Jj)datc - -- Li At FiXtUres at Oakgl_een Avenue and S"I'l1 36: City Administrator Johnson reported that there would be no cost to install a full cut -off light lixturc at Oakgrcen Avenue and the South Fi on(age Road, but there would be a per - month fec like any other light bole. Ile stated that Reel Energy indicated that they did not have any record of the light pole at the southeast corner of 60 "' Street and Oakgreen Avenue. Johnson stated staff would look into that further. Councilmember Swenson, seconded by Councilmember Runk, moved to have the light at Oakgreen Avenue and the South Frontage Road installed. Carried 5 -0. 13. Discussion About Use of Citv'Frails /Roadways for Golf'Carts and Other Mobilitv Devices: City Administrator ,Johnson reported that LMCIT had a negative view on the issue, and I3onestroo indicated that golf carts should not damage trails, but trail aprons and sides may suffer damage over time. Councilmember Runk reported that the Director at I3outwells Landing staled that they were fine if the City did not approve this item because they were concerned about their own liability issues. Councilmember Runk, seconded by Councilmember Swenson, moved to postpone indefinitely. Carried 5 -0. C. Winter and Snow Ememencv l'arkint? Regulations: Councilmember Swenson stated the council should be cautious on changing the winter and snow emergency parking regulations and suggested that complaints be dealt with on a one -on -one basis. Page 9 of 60 City Council Meeting Minutes September 14, 2010 Page 5 of 6 Police Chief DeRosier reported that in the first Dart of'November, reminders are placed on vehicles until the first snowfall. I le stated that after the first snowfall, individual warnings are issued, and citations start amid- December. Councilmember• Swenson, seconded by Mayor Beaudet, moved to leave the parking enforcement ordinance as is. Carried 5 -0. D. Award LED I.,irrhtin l- Proje to Hunt Electrical — Consider Alternates and Fund igg: City Administrator Johnson reviewed the bid for the base and alternates and recommended allocating necessary funds to do alternates I and 3. C'ouncifinember McComber, seconded by Councifinember lZunk, moved to approve staff recommendations with funds coaling from the undesignated budgeted projects fund. Carried 5 -0. 11,1 F'acil,it O ven I Huse /Set City Hall T? Wllity 01)CD I l ouse /Dedication Cer lor O ctobe r 9. 20 irom p. - i n. to 4:00 I�.n : City Administrator Johnson provided council «pith a memo on areas that could be available to the public during the Open ] Councilmember Runk, seconded by Councilmember McComber, moved to set the Open House as recommended with areas available as outlined in City Administrator Johnson's memo. Mayor I3eaudet, seconded by Councilmember Abrahamson, moved to amend that the only areas to be opened would be the administration area, the area open to the public now, the lunchroom, and the public works department. Failed 2 - COMICilMenlber's Runk, McComber, and Swenson opposed. Main motion carried 3 -2, Councilrnember Abrahamson and Mayor I3eaudet opposed. VII. New Business: A. Adont Resolution Auprovim 2011 Pr000sed Buds et and Prowled Tax Levies Mayor Beaudet, seconded by Councilmember Runk, moved to approve Resolution I0- 09 -27. Roll call vote taken. Carried 5 -0. I3, Schedule Public Comment /Hearing Meetina for Truth in 'Taxation: Councilmember• McComber, seconded by Councihmmber Abrahamson, Page 10 of 60 City Council Meeting Minutes September 14, 2010 Page G of C moved to set the Truth in Taxation Hearing for December 14, 2010, at 7:00 p.m. Carried 5 -0. C. The Partnership Plan — 5K Run /Race: City Administrator .1ohnsoil reported that The he Partnership Plan requested the City waive the $500 impact fee because they are a non - profit. Mayor Bcaudet, seconded by Councilmen MCComber, moved to approve the agreement and waive the $500 impact fee. Carried 5 -0. 1). Consider Request far NO PARKING., Zone Along Nor «rich Parkway at I3outwells LandinL)'s Southern I:lntrance: Mayor I3eaudet, seconded by Couneilnlcmber Abrahamson, moved to direct staff to draft a Resolution to approve the no parking zone, but the City will not faint curbs. Roll call vote takeia. Carried 5 -0. 1;. Appyqye_Resolutions Rclatin�- to Local Governi- nenttJilit Authority l)ulcgation of We Conservation Ac:t: Mayor 13caudet, seconded by Councilmember Swenson, moved the first Resolution as presented. Roll call vote taken. Carried 5 Councilmember Abrahannson, seconded by Councilmember Runk, moved the second Resolution as presented. Roll call vote taken. Curried 5 -0, Viii. Adjournment- CAUneilmenlber Abrahamson, seconded by Col ncilmcmber Swenson, moved to adjourn at 8:09 p.m. Respectfully submitted, Approved as to Content and Dorm, Jennifer Pinski David Beaudet Administrative Secretary /Deputy Clerk Mayor Page 11 of 60 !\ fn2e G Left Intentionally Blank. 22 3 Page 12am .- Oak Turk Heights Request for Council Action Meeting Date September 28, 2010 Agenda Item Title Approve On -Sale Liquor License Transfer for Apple Minnesota LLC dba Applebee's Neighborhood Grill 8a Bar Time Required 0 Agenda Placement Consent. .............- Originating Department / Requestor Administration /Jennifer Pinski Requester's Signature Action Approve On -Sale Liquor License Transfer for Apple Minnesota LLC dba App)lebge 's Nc:Whborhood Grill Background./Justification (Please indicate any previous action., financial implications incl budget information and rc,coni endations). See Attached, Page 13 of 60 IV Memo September 21, 2010 To: Mayor & Council From: .iennifcr' Piriski, Adnlirlistrative Secretary /Deputy Cleric Ise: On -Salt: Liquor license Transfer Apple Minnesota I_,I,C: dba Applcbcc's Neighborhood (.Trill &I3ar has applies] for a new can -sale liquor license for a business located at 13625 60"' Street North effective October 15, 2010, All Al)l)lcbcc's locations in Minnesota are being sold to a new company. All applications have been investigated by the City Attorney and the Police Depariment and found to be in compliance with the City ordinance requirements for liquor license issuance. The investi -ation fee and license lets have been paid. The previous owner will be refunded the prorated amount of the license fee already paid i'or 2010. City staff recommends approval of the; on -sale liquor license for Apple Minnesota 1. LC dba Applebee's Neighborhood (it &I3ar contingent on approval from the Minnesota Department of Public Safety, Alcohol and Gambling 13nforcement Division. Page 14 of 60 stj ;r Oak Park Heights Request for Council Action Meeting Date � -- -- September. 28 "' Time Required: _ - .._.. .......... 3 Minutes Agenda Item 'Title: _ Amen d Park C I ry -Laws --- _Chajjgi�nP Regular meeting Mart time from 6:30. -om to 7:00pm r Agenda Placement Congont entia Originating Departmentll ,cq ter S P A r C_Qmmi.ss o1 R .c;c:itacster's Signature .. �. ___.._.��_..---- .._.w'_... __........ Action ��a�z�c� � "�� _�: c��- ninission I.v -.L w �.. -��: x�r��ia ����'ILIi f, q� WIt;_ Start _time from 6:30 to 7:00 oin Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City Park Commission has expressed an. interest in amending in the dark By.-Laws changing the regular meeting, start thrae from 6:30 pn1 to 7:00pin, stating that it is more amenable to scheduleso This action requires City Council approval Below is the proposed amendment to Sec B of Art, 5. Offering such change to the Park Commission By -laws: B. Regular Meetings. Regular rneetings of the Park Commission shall be held at 7.•00 PM on the third Monday of each month or as otherii designated to aecount for legal holidays or other special eirewnstance.s as approved by the City Administrator. The meetings shall he held in the City .fall Council Chambers or as otheri�ise designated and duly posted. The regular meeting date of the Park Commission rnr v be changed by resolution of the City Council. Page 15 of 60 INS Page Is Left Intentionally Blank. 4,V Page 16 of 60 Oak Park Heights �,,;... Request for Council Action bpi �f ri Meeting Date: Sept. 28, 2010 Time Required: l rein Agenda Iten7 'Title: Approve Donation from Walmart to Police Department Agenda Placement: Consent Originating Department /Requestor: Oak Park Ileights Police Dept„ Chief Brian DeRosicr Requesters Signature Action Requested: Approve Donation from Walmart to Police Department 13ackgr•ound /.Instil The Oak Park Heights Police Dept. received a donation of `f;584.00 from Walmart. T he donation is USCG to purchase public outreach information and Icarmng literature and Products. �1 Jcttcr of apprecia[ioil \i-as delivered to wahuart by me to the local stare maiwigcr. Page 17 of 60 This Page Is Left Intentionally Blank. VV Page 18 of 60 Oak Park Heights Request for Council Action Meeting Date September 2010 Time Required: 5-Minutes Agenda Iteni'Fitic: Assessment Services Contract with WashingtQ4 t -LLp11 - Y. Agenda Placeiriunt New Busine — --- ------ Originating Department/Re stor 'ric pson, City Administrator RoquesteCs Signature - _.-Al // ------ - Action Req R econ dation Below. uested Background/Justification (PI/Is/(/'Iindicato if aay previous action has been taken or if other public bodies have advised): 'Fhe City has received a communication from Washington County Dept for Property Records and 'faxpayer Services requesting that the City enter into a 5-year agveement with Washington County for property valuation/assessment services. The County indicate that many agreements are; older and inconsistent with services actually provided. The County has provided a copy of a Standard Agreement that they would like to execute with all cities; enclosed. 'Fhe Agreement outlines several services to be required by the County, however it does not states fees, deadlines for inforniation or potentially other caveats that can improve the how the City and the County may interact. 'I'liere is a however a straightforward process to terminate the Agreement with 90-day written notice. I am at a loss at this point to specifically state how this Agreement can be improved and will require some additional review, but the City Council may desire to hold worksession with Mr. Kevin Corbid of Washington County, as he suggests, to discuss the roles and nature of the agreement, including what options the City may have it does not desire to engage the County for these services. 'The City may always contract with an independent assessing firm, such as the City of Hugo. Recommendation: Set work session date with Kevin Corbid, Director of Washington County Property Records and Taxpayer Services. Page 19 of 60 P�� hi Property Records and s Taxpayer Services wangton Ll\ Department '­ .0 Kevin Corbid Director S eptember 3, 2 010 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park 131vd N. Oak Park I leights, MN 55082 Dear Administrator Johnson: Washington County, through its Assessor's Office, currently provides property valuation services to your community through an agreement or contract for services. In reviewing our agreements and contracts for this service we have found that many of the agreements were signed years ago and are 111 need of updating to better reflect the set-vices that are being provided by the County Assessor's Office to You)• city or township and your property owners. We have developed a standard agreement for services and are requesting that your city council or township board review this agi and consider taking action to approve the contract. If you have any questions or concerns regarding this draft contract you can contact either Bruce Munneke, County Assessor at 651-275-8761 or myself at 651-430-6182. If you would like its to cone out and visit with your council or board we arc note than willing to do that as well. I thin]( you will lind this draft agreerricrit accurately reflects the services we Lire currently providing. It is not intended to change arty services or procedures, but only to provide updated agreements for both the city or township and the county. I will walk through the key clernents of the proposed contracts: Section I This section establishes the contractual agreement between the city/township and the County. Section 2 This section contains the list of services provided by the county related to property valuation and classification, Key items include the physical review of property, responding to concerns and questions from property owners and the city/township, staffing a local board or open book appeals meeting, the performance of sales analysis, and the managing and defending all values in tax court. Section 3 This section establishes the fee for assessing services. As is our current practice, the county board considers any changes to the fee schedule on an annual basis. The county provides an estimate of the following year's assessment fee in September of each year and also notifies the communities of any proposed increased in the fees the Board may be asked to consider. The county sends a bill for Government Center - 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6175 - Fax: 651-430-6178 - TTY: 651-430-6246 www.co,washington.mn.us Page 20 of 60 Equal Employment Opportunity 1 Affirmative Action AGREEMENT FOR ASSESSMENT SERVICES, '1111S AGIZEEME.,Nf, made and entered into this day of , by and between the City of Oak Park Heights, Washington County, Minnesota, herein referred to as "City", and Washington County, 14949 62` Street North, Stillwater, MN 55082 herein referred to as "Washington County WY NI"SS: WI IERI.AS, the City desires to retain Washington County and the Washington County Assessor to perlorm assessment services for the City, and W11FRFAS, Washington County desires to perform assessment services required by the City; and WI- 1P,W the City and the Washington County deer it mutually advantageous to set forth the terms and conditions of their relationship in writing; NOW. Tl1ERI:?I 0lU'1, the parties hereto agree that the following shall constitute joint agreement for assessment services: SEC'1'lON ONF- PARTIES The City hereby contracts with Washington County to perform, and Washington County here by agrees to perform, the assessment services hereinafter described. SI::C'f1ON 'rWO- SERVICES Washington County Assessor shall perform all assessment services required by state statute and the City. Such services shall include, but are not limited to the following: Page 21 of 60 ® Appraise and classify all real and personal property located within the community. ® Interpret statutes, regulations, and legislative changes relating to property classification and valuation to the City Council /Town Board, realtors, bankers, citizens and civic groups as necessary or upon request. ® Answer questions /concerns regarding property values, classification, appeal process and the appraisal process from property owners. Draw and calculate "splits" of real estate reflective of ownership changes and/or physical change of real estate parcels. * Maintain a listing of the assessment of each and every parcel of property located in each community. Each parcel of property within the City shall be physically inspected at least once every five years. * Dependent on the commurlit_y preforence, the property owners within the community will be provided with either several Open Bool1 opportunities of appeal during the appeals period OR the County will staf ' an annual local Board of" Appeal meetin g conducted by the City; Council/Town Board. ® Draw and interpret reaps, charts and other descriptions to assist property owners in understanding the appraisal process. Develop land and building valuation schedules, conduct statistical analysis to support appraisal decisions, and oversee Computer Aided Mass Appraisal system (LAMA) table adjustrTlents. ® Coordinate research ofcomplex appraisal issues, review, investigate and make recommendations on applications for abatement or other reduction of assessed value. Coordinate collection of sales information and annual assessment for all property uses. Coordinate the valuation and classification of exempt properties, including interpreting statutes applying to exempt organizations and processing exemption requests. Manage all state tax court petitions and coordinates TII assessment functions within the community. w Provide values to city for various projects in which there may be an assessment agreement. Page 22 of 60 SECTION 'FHREL:- CONTRAC'I' PRIC1 The city shall pay a fee to the County each year for assessment services based on the number of taxation parcels in the City. The assessment fee schedule is approved by the county board each year and establishes the fee amount per type of parcel. The County will utilize the same: fee schedule for all of its contract communities in the county. The County will send a bill for assessing services each ,Tune (or field work that was perf =ormed the previous calendar year and for review of the assessment through the local appeals period. The Count will provide the City an estimate of the upcoming year's fees on or around September I of each year. Washington County will provide a report of assessment activities (Assessment Report) each year prior to the appraisal rcvicNv period. SIC•1 lY)11R- 1N1)1PI:;N1)1. N`1' CON'11tAC'fOIZ It is understood and agreed between the parties that the Assessor is all independent contractor and not an employee of the City. The Assessor shall be responsible for furnishing its own transportation, books and any other documents or items of personal property required to perform the services. The City shall not be required to maintain any insurance coverage needed in connection with the performance of'thc Assessor's services, including but not limited to automobile liability insurance, workers compensation insurance and public liability insurance. SECTION FIVI.s -TERM OF CONTRACT This Agreement shall remain in full force and effect for a period of S y ears beainnin.v on July 1 ",2011. Page 23 of 60 SIIC`I SIX - "I I RMINATION CLAUSE At the option of either the City of Oak Park heights or Washington County, this agreement may be terminated with a 90 day notification to the other party, prior to each July I" anniversary date during the term of the contract. Upon such termination, the City shall be liable for payment for all services rendered by Washington County related to the current assessment year. IN WITNESS WHERE OF, the parties hereto have made and executed this Agreement the day and year first above written. CITY OF OAK PARK I FIGIFFS WASIIINGTON COUNTY 13y ......_ 13 y- ---........ --- -------------- ----- ..__....... Mayor County Board Chair City Administrator County Administrator Recommended I:3y: .._...--------------- .................... _- Kevin Corbid Director, Property Records wid Taxpaycr Services Approved by: Approved as to tbrin by: City Attorney George Kuprian Assistant Washington County Attorney Page 24 of 60 Oak Park Heights Request for Council Action Meeting Semember 28"', 2010 Time Required 5 Minutes Agenda Item Title:- Request for Conditional Use Permit for a Detached Garame 150 '7 60 Street North Agenda Placement New I�PIfii6ss Originating Department/Requpfftor E riC Johnson, Citv Administrator ..... . ------- Ri��,questen`s Signature., -------- ActioD Requi:°.sted See Rosolution Background/Justification (Pleas, ' indicate if any previous action has been taken or if other public bodies have advised): Please see the attached dmuments: 1. Planning Report from Scott Richards, 'I dated Sept 0', 2010. (altachmnts cm be fomd in the Sept 201 Pimming packets) 2. Approved Planning Con - emission Resolution, (Unsigned). 3. Proposed City Council Resolution. Page 25 of 60 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .58€0 T C Facsimile: 763,427.0520 PC:C-PlanningC:o.com MEMORANDUM TO: Eric Johnson PROM: Scott Richards DATE: September 8, 2010 RE: Oak Park Heights -- Request for Conditional Use Permits for a Detached Garage — 15087 64 Street North TPC FILE: 236.05 -- 10,01 BACKGROUND Penelope Stewart has made an application for three Conditional Use Permits (CUP's) to allow a detached garage at 15087 64 Street North. The application includes requests for a CUP to allow the garage to be placed in the side yard, another to allow the garage to be constructed within the front yard setback and third to allow more that one detached garage on the property. The property is .coned R -2 Low and Medium Density Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Property Survey Exhibit 2: Floor Plan Exhibit 3: Garage Elevation Exhibit 4: Letter from Penelope Stewart Exhibit 5: Pictures of Subject Property Page 26 of 60 PROJECT DESCRIPTION The property at 15087 64 Street Borth is constructed with a single family house that currently does not have a garage. There is an existing detached accessory building of 370 square feet at the rear of the property. The house was constructed with a setback of 19.6 feet from the front property line. The Zoning Ordinance requires a 30 foot front yard setback in the R -2 District. The proposed garage is to be constructed at the same setback as the house and would be 380 square feet in size. The garage would match the colors and architectural style of the house. It would also be within the height requirements of the accessory building section of the Zoning Ordinance. The applicant has requested the conditional use permits in that because of the design of the hOLiSe and the. eve lines, it would he difficult fn attach the garage. Additionally, if the garage were to be set back to 30 feet, it would require Ms. Stewart to remove two spruce trees and an apple tree. The drainage patterns of the yard would also be impacted if the structure were to be moved back. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in the Comprehensive Land Use Map. The request for a detached garage is consistent with the Comprehensive policies related to low density land use. Zoning: The property is zoned R -2 Low and Medium Density Residential District. The following conditional use permits have been requested to allow the construction of the garage: 1. Section 401.15.C.1.e.5) The encroachment within the required setback of 30 feet must be addressed with the issuance of a CUP. 2. Section 401.15.D.2 A CUP is required for placement of the garage in the side yard. 3. Section 401.15.D.5. There is an existing accessory building on the property. The second building requires a CUP. The criteria for reviewing the CUP requests is reviewed later in this report. Driveways: There is an existing curb cut and gravel parking pad on the property. With construction of a new garage, this parking area would be removed and the curb would need to be restored by the applicant. The curb restoration is subject to the recommendation and approvals of the City Engineer. The new driveway would be paved with asphalt. 2 Page 27 of 60 Drainage: Drainage plans for the property with the new garage and construction of the paved driveway would be approved by the City Engineer. Accessory Building Requirements: Section 401.15.D provides a list of requirements for construction of an accessory building on a property. Please find a review of those that apply to this request: 3.) The accessory building can be no more than 12 feet in height (midpoint of the gabled roof) unless approved by the Building Official to a total of 17 feet. The proposed garage will be 13 feet in height. 4.) The lot is 16,178 square feet in size. The building coverage with the new garage will be 2,228 square feet or approximately 14 percent of the lot. The Ordinance requires the coverage to be less than 25 percent. 6.) The total accessory building area must be less than 1,000 square feet. The total with the new garage shall be 750 square feet. 11.) The same or similar quality exterior material shall be used in the accessory building and the principal building. The new garage shall have siding and shingles that will match the house. Conditional Use Permit Criteria: Section 401.15.C.1.e,5) provides criteria for review of a reduction in a required lot in a yard. A review of the criteria is as follows: a) The reduction of setback requirements is based upon specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. The garage cannot be attached to the house in that it will not work with the interior layout of the existing structure. Placement of a detached garage in the rear yard would conflict with existing significant trees and the drainage patterns. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. The proposed garage will not conflict with the property line drainage or easements. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Page 28 of 60 Existing trees will be preserved by moving the garage into the front yard setback so that it is consistent with the Douse. d) if affecting a north lot line, the reduction will not restrict sun access from the abutting lots. The proposed garage will not impact sun access for the adjoining property. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.6 of this Ordinance. The setback of the garage will not create safety issues. 0 The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The conditions have been reviewed and City Staff does not see any conflict with this proposed garage. Section 401.15.D.13. provides criteria for review of placement of an accessory structure and number of structures on a lot. A review of the criteria is as follows: a) There is a demonstrated need and potential for continued use of the structure for the purpose stated. The property currently does not have a garage. A garage is considered a reasonable accessory use for a single family property. b) In the case of residential uses, no commercial or home occupation activities are conducted on the property. There are no home occupation activities being conducted on the property. c) The building has an evident re -use or function related to the principal use. A garage is considered a reasonable use for a single family structure, d) Accessory buildings shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. The accessory building will need to be maintained and not present a hazard. e) The reduction of setback requirements is base upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. 4 Page 29 of 60 The garage cannot be reasonably attached to the existing structure and there are trees and drainage issues that would conflict with moving the building to the rear yard. f) .Existing property line drainage and utility easements are provided for and not building will occur upon this reserved space unless approved in writing by the easement holder. The garage shall not conflict with drainage or utility easements. g) The reduction will work toward the preservation of trees or unique physical features of the lot or area Trees will be preserved as a result of approving this CUP. h) if affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Sun access will not be impacted to abutting lots i) The building height of an accessory building shall not exceed twenty -five (25) feet. The proposed structure will be 13 feet in height. j) Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty -five (35) percent of the rear yard. The structure is proposed for the front yard. The existing accessory building in the rear yard does not occupy 35 percent of the area. k) The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. City Staff has determined that the proposed structure meets the intent of the criteria found in Section 401,03,A.8 of this Ordinance. CONCLUSION/RECOMMENDATION Upon review of the requests for the Conditional Use Permits, City staff would recommend the garage construction with the fallowing conditions: 1. The existing curb and gravel parking pad shall be removed and the curb restoration is subject to the recommendation and approvals of the City Engineer. 5 Page 30 of 60 2. Drainage plans for the property with the new garage and construction of the paved driveway shall be approved by the City Engineer. 3. Any other conditions of the Planning Commission, City Council and City Staff. b Page 31 of 60 A RE'C)MMENDING RESOLUTION o 'THE PLANNING COMMISSION CITY OF OAK PARK IIEIGI TS WASHINGTON COUNTY, MINNESOTA A RESOLUT'I ®N ESTABLISHING FINDINGS OF TACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY PENIS LOPE S'C'I{ WART FOR THREE CONDITIONAL USE PERMITS TO ALLOW A SECOND DETACHED GARAGE AT 15087 64' 1 ' 11 STREET NORTH S1 BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park I leights has received a request from Penelope Stewart 1 - 61 - three Conditional Use Permits to allow a second detached garage at 15087 G4 "' Street North; and after having conducted a pubiie hearing relative thereto, the Planning Commission of Oak llm Ileights males the following findings of tact: 1. The reel property affected by said application is legally described as lbllovvs, to wit: SI. A] 1'A0 CMI ?N'1' A and 2. 'I'he applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: 513li A'f'fACIlMl3NT' I3 and 3. 't'he property is zoned R -2 Low and Medium Density Residential District in which single family uses and accessory detached structures are a permitted use, and 4. Section 401.I 5.C. Lc.5 of the Zoning Ordinance requires a Conditional Use Permit f = or the encroachment of the proposed garage; within the required front setback of 30 feet; and 5. Section 401.I 5.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the garage in the side yard; and C. Section 401.15.D.5 of the Zoning Ordinance requires a Conditional Use Permit for a second detached accessory building on the property; and Page 32 of 60 7. City staff prepared it planning report dated September 8, 2010 reviewing the request and 8. Said report recommended approval of the three Conditional Use Permits in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C. 1.e.5, Section 401.15.D.13 and Section 401.03.A.8 of the Zoning Ordinance. Said reconimcndation was subiect to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their September 16, 2010 meeting, loop comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, 13E IT RESOLVED 1311 THE PLANNIN(I COMMISSION FOR 'TIIE CITY OF OAK PARK I- II?aI(.xI-1'I'S 'I'.CIAT `1'I E PLANNING COMMISSION RECOMMENDS TI .1E FOI.A.,OWING.- A. The application submitted by Penelope Stewart for (lit Conditional Use Permits to allow a second detached garage at 15087 64 "' Street North and affecting [lie real property as follows: Sl?1? AI 'TA Cl IN41?NT A Be and the same as hereby recommended to the City Council o the City of0ak Park I leights for' approval with the following conditions: 1. The existing curb and gravel perking pad shall be removed and the curb restoration is subiect to the recommendation and approvals of the City Engineer. 2. I.)rainage plans for the property with the new garage and construction of the paved driveway shall be approved by the City 1?ngincer. 3. Any other conditions of the City Council and City Staff. Recommended by the Planning Commission of the City of Oak Park 1- ic:ights this 16` clay of September, 2010. _..._..__.. - --- ---- -------------------------------- -- ------------ - ------ ..._._._..._--- Jennifer Bye, Chair AT'I "EST: Eric A. Johnson, City Administrator Page 33 of 60 ATTACHMENT A e. Conditional Use Permit - Detached Garage 15087 64"' St. N. Washington County GEO Code: 34.030.20.32.0038 Legal Description: Lot 6, Block 7, McKetity's Addition Page 34 of 60 ATTACHMENT B Conditional Use Permit — Detached Garage 1508764 Ih 5t. N. Application Materials • Application & Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements )/Legal Description(s) Application Review With City Staff: August 25, 2010 Conditional Use Permit M Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 35 of 60 12I SOLUTION NO. CI`I'Y COUNCIL CI'T'Y OF (OAK PARK HEIG11ITS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL, THAT THE RE' QuEs By PENELOPE STEWART FOR THREE CONDITIONAL USE PER ITS TO ALLOW A SECOND DETACHED GARAGE AT 15087 64'" - ' STRF,ET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City iii' Oak Park Heights has receive(] a request from Penelope StMal't for three Conditional Use Permits to allow a second detached garage at 15087 64` Street North; and afler having conducted a public hearing relative thereto, the Planning Conimission of0ak Park Heights recommended that the re;qucst lie approved with conditions. The City Council of the City of Oak Park I lei ghts makes the following Iindings of' fact: 1. "I'hc 1 property affected by said application is legally described as follows, to wit: SE11' M""I'ACI IMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of'the following items: SEl` A TAC1-IM1 NT I3 and 3. The property is zoned R -2 Low and Medium Density Residential District in which single family uses and accessory detached structures are a permitter] use; and 4. Section 401.15.(". l .e.5 of the loving Ordinance requires a Conditional Use Permit for the encroachment of the proposed garage within the required front setback of 30 feet: and 5. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the garage in the side yard, and Page 36 of 60 6. Section 401.15.1).5 of the Zoning Ordinance requires a Conditional Use Permit for a second detached accessory building on the property; and 7. City staff prepared a planning report dated September 8, 2010 reviewing; the request; and 8. Said report recommended approval of the three Conditional Use Permits in that they were in conformance with the criteria for issuance of Conditional Use Permi found in Section 401 A 5.C..I .e.5, Section 401.15.D.1 3 and Section 40I.03.A.8 of the honing Ordinance. Said recommendation was subject to the fulfillment of conditions: and 9. The Planning Commission held a public hearing; at their September 16, 2010 meeting, tools comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, 'I'I-II+.RI+.IaORE, BE IT RESOLVED BY rI III CITY COUNCIL FOR 'n -IF, C cry OF OAK PARK I-[El(31I-ITS 'I'll AT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Penelope Stewart for three Conditional Use Permits to allow a second detached garage at 15057 64`' Street North mid affecting the Veal property as follows: Std.? A`I "1'ACIIMXl' A Ile and the same as hereby approved by the City Council of the City of Oak Park Heights with the Fallowing conditions: 1. The existing curb and gravel parking pad shall be removed and the curb restoration is subject to the recommendation and approvals of the City Engineer. 2. Drainage plans for the property with the new garage and coilstrUction of the paved driveway shall be approved by the City Engineer. 3. Any other conditions of the City Council. Approved by the City Council of the City of Oak Park Heights this 28th day of September, 2010. David 13eaudet, Mayor ATTEST: kris A. Johnson, City Administrator T � 2 Page 37 of 60 ATTACHMENT A Conditional Use Permit P Detached Garage 15087 64"' St, N. Washington County GEC Code: 34-030.20.32.0038 Legal Description: Lot 6, Block 7, McKenty's Addition Page 38 of 60 ATTACHMENT B �T� Conditional Use Permit — Detached Garage 15087 64"' St. N. Application Materials a Application & Fees ® Plan Sets a Written Narrative and Graphic Materials Explaining Proposal a Mailing List from Washington County (500' from subject property) a Proof of Ownership or Authorization to Proceed a Property Tax Statement(s)/Legal Description(s) Application Review With City Staff: August 25, 2010 Conditional Use Permit M Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 39 of 60 This Page Is Left Intentionally Blank. 4 i i Page 40 of 60 Oak Park Heights Request for Council Action Meeting Date Scotember 29 2010 Time Required. Minutes Agenda item 'Fitle,: Consider Resolution For Continuing f�a6i J- v4fion in the it[ etmPPUt Livable Communities Act. Agenda Placement New Busines.S Originating Deparbnentll eq st Eri l inson, City Administrator Requost-er's Signatujre .. .............. ............ ... . Action Requested _ fi e Below BackgrOUD(IMUStifiCatiOn (Please indicate if any previous action has been taken or if other public bodies have advised): The City has been requested by Ibe MEr Council to pass a resolution that denionstrates its support for the Livable Communities Act and its various goals ror affordable housing and fife- cycle housing. The City did adopt a similar resolution in the late 1990',", and was in effect through 20 I have asked Scott RichaMs to review and provide some guidance to the Council on this matter, please swe his attached memo dated 9/23/10. Page 41 of 60 TPC 3601 Thurston Avenue N, Suite '100 Anoka, MN 136303 Phone 763.2,31.684-0 Facsimile: 763.4,27.0520 1WPCi�Plar7ni r7c,�' Co. core MEMORANDUM TO'. Eric Johnson FROM. Scott Richards DATE September 23, 201 RE: Oak Park Heights — Metropolitan Livable Communities Act TPC FILE: 236.01-10.04 BACKGROUND The City of Oak Park Heights has, in the past, elected to be a participant in the Metropolitan Livable Communities Act Local Housing Incentives Account (LOA). The program has been voluntary and provides the City with the ability to compete for grants and loans to support activities that would assist the City in meeting its affordable and life cycle housing goals. The Metropolitan Council is asking the City to continue participation in the program and to establish new affordable and life cycle housing goals for the next decade (2011 -- 2020). The Metropolitan Council is asking the City to establish a new affordable housing goal in the range from 16 to 24 new units from the period of 2011 to 2020. Additionally they are asking the City to establish a life cycle housing goal of between 20 to 120 new units over the next decade. Life cycle housing is varied housing options that meets peoples preferences and circumstances at all life stages which involves providing a balance of apartments, condominiums, townhomes and senior housing. There is no penalty if the City does not achieve these targets, but the Metropolitan Council will ask the City to make a yearly monetary commitment to advancing the affordable and life cycle housing supply. In order to participate, the City Council will need to pass a resolution at its next meeting which adopts the new affordable and life cycle housing goal ranges. Additionally, before December 1, 2010, the City will need to develop a Housing Action Plan that will outline the steps the City will take to help meet its LCA goals. The cost to develop a Housing Action Plan by our office is approximately $3,000.00. Page 42 of 60 PROS Should the City decide to participate in the program and adopt a resolution, the City would have access to certain funds and loan programs from the Metropolitan Livable Communities Fund. There are three accounts that have been set up to assist in site cleanup; land assembly and public infrastructure improvements; and to expand affordable and life cycle housing. If the City does not participate, it is not eligible for these funds, although the City can opt in at anytime with adoption of a resolution and Housing Action Plan. The City may choose to apply for these funds as part of a redevelopment project, most notably, the former car dealership site at Highway 36 and Osgood Avenue. CONS If the City Council chooses to participate and adopt a resolution, the City would need to submit a Housing Action Plan and continue to make a yearly commitment to a certain level of funding in support of affordable housing. The cost of a Housing Action Plan will be as much as $3,000.00 in consultant time and additional City Staff review and coordination time. The grant and loan prograrns are extremely competitive and there is no guarantee that the City would be successful in receiving funding. In fact, the City submitted three applications for funding in the years 2000 and 2001 and was not funded. CONCLUSION I would recommend that the City pot opt in at this time for participation under the LCA. The program commits to the City to housing goals that it cannot possibly achieve in the next decade. If the City decides to submit an application for funding under the Metropolitan Livable Communities Fund, it can provide a resolution of support and a Housing Action Plan at that time. 2 Page 43 of 60 } 1AM a -JA Metropolitan Council June 25, 2010 Mr, Eric Johnson City Administrator City of Oak Park 1 Box 2007 Oak Park Heights MN 55032 Dear Mr. Johnson: The City of Oak Park Heights previously elected to be a participant in the Metropolitan Livable Communities Act Local Housing Incentives Account (LCA LHIA), Participation in the voluntary LCA 1 -1 program provides the City with the opportunity to compete for grants and loans to support activities that help the City meet its affordable and life cycle housing goals, clean up polluted sites, and support demonstration projects linking jobs, housing and transit. The City's previously adopted LCA LHIA affordable, and l cycle housing goals were negotiated with the Metropolitan Council for the period 1996 — 2010. Those goals are; indicated in Enclosure A. If the City elects to continue its participation in the LCA, it must establish new affordable and life -cycle housing goals for the next decade (2011 through 2020). As part of the City's recently submitted 2030 Comprehensive Flan Update, it acknowledged its fair share of the region's affordable housing need. For the City of Oak Park Heights the fair share number is 24 units over the next 10 years. Although the Council fully supports the need for this total number of new affordable units over the next decade, it also acknowledges the reality of limited funding available to create new affordable housing opportunities. For this reason the Council asks the City establish its LCA affordable housing goal as a range of 16 to 24 units for the period 2011 to 20203 with the low end of the range representing the number of units that can be accomplished at currently available funding levels region -wide. Regarding the City's life -cycle housing goal to diversify the type and density of housing to meet residents' changing housing needs and preferences, the Council asks the City establish a goal range of 20 to 120 units over the next decade. The low end of the range represents the community's total share of the region's affordable housing need and the high end is the potential number of units permitted by the land use guiding in the City's 2030 Plan Update for medium, high, mixed use, redevelopment, TOD or similarly named residential development, or the total forecasted household growth for the Community to 2020, whichever is less. www.motrocounol.org 390 Robert Street Nortb 4 St. Paul, MN 55101 -1805 o (651) 602 -1000 a Fax (651) 602 -3550 " '1 "MG51) 291 -0904 Art &x uul 0or)m11111itl Kmr byo Page 44 of 60 City of Oak Park Ideights, Cont. Although to date your community has not received a LCA grant, Council records show the City has shown interest in the LCA by submitting an application(s). Enclosed with this letter is a listing of projects where the City applied for LCA funds, but where funding was not awarded due to fund availability and/or competitive project ranking. See Enclosure B. To make official the City's decision to continue participation in the LCA, the Metropolitan Council is asking the City to adopt new affordable and life -cycle housing goal ranges, by passing a resolution which incorporates the numbers as described above. A sample resolution is enclosed; however, the City may craft the resolution in the manner that best meets its needs as long as the affordable and life -cycle goals are part of the resolution. The Council asks that the City pass a resolution and provide a copy to the Council no later than September 1, 2010. See Enclosure C. Additionally, before December 1, 2010, the City must develop a Housing Action flan outlining the steps the City will take to help meet its LCA goals. Much, if not all of this Action Plan can be taken from the housing implementation section of the City's Comprehensive Plan Update. A checklist to assist in the development of the Housing Action flan is attached as Enclosure D. We have also attached an information item about the LCA, (Enclosure E), and additional information is available on the Council's website at httf :/ /w /pl 3 n) /index htill The LCA emphasizes cooperation and incentives to achieve regional goals. The Metropolitan Council looks forward to working with the City to meet the affordable and life -cycle Dousing needs of the City and the region. if you have any questions or need additional information please feel free to contact your Council staff Sector Representative, Llsaseth Barajas at (651) 602- 1895or lisa.barajas@rnetc• state. mn•us. Sincerely, ­ P ,", Guy Peterson, Director, Community Development Division Metropolitan Council Enclosures for City of Oak Park Heights: A B C D E CC: Sector Rep, LisaBeth Barajas Page 45 of 60 Enclosure A City of Oak Park Heights Livable Communities Act (LCA) Goals* 1996 -2010 New Affordable Ownership units: 0 New Affordable Rental Units: 82 New Dental Units - All: 157 When communities established LCA goals in 2995, the foals were expressed as percentages of the communities' housing stock (ownership and rental). The numbers above represent the unit r)urnbers extrapolated from the percentages. Page 46 of 60 Enclosure B Unfunded 1_CA applications for City of Oak park heights 2000 $525,000 The village Area 2001. $65,000 St. Ilwy 36 and Oalcgreen /venue /58th St. and Norell Ave. 2000 $7,589,720 Central Business Page 47 of 60 Enclosure C Sample resolution RESOLUTION IBC }. RESOIX I ION ELECTING TO C.OWINUE PARTICIPATING IN l THE LOCAL HOUSING INCENTIVES AC.0 OUN r PROGRAM UNDER THE METROP()IATAN LIVAI3I , COMMUNITIES ACT CALENDAR YEARS 2011 THROUG[I 2020 WHEREAS, the Metropolitan livable Communities Act. (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues [acing the metropolitan area defined by Minnesota Statutes section 473.121 , and WI-II?.I2EAS, the Metropolitan Livable Comnim)ities Fund, comprising the Tax Base Revitalization /Account, the Livable ConuMunitics Demonstration Account, the Local 1 lousing Incentive Account and the hlclt.isionary I lousing Account, is intended to provide certain funding and other assistance to 111etr0170litan -area muiliCipalities; and WHEREAS, a metropolitan -area nitinicipality is not eligible to receive grants or loans under the Metropolitan Livable; Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of F'mployment and Economic Development unless the municipality is participating in the Local Rousing Incentives Account Program under Minnesota Statutes section 473.2.54, and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide, and WI- IEREAS, previously negotiated affordable and life -cycle Dousing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, a metropolitan -area municipality can participate in the Local 1- Iousing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local I lousing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life -cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life -cycle housing goals for the municipality, and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and I.,ife -Cycle Housing Opportunities Amount (AL1 -10A) for each year the municipality participates in the Local Housing Incentives Account Program. Page 48 of 60 NOW, THEREFORE, HER1lJFORE, BE IT RE SOLVED THAT the ;specific municipality}: I . Elects to participate in the Local Housing Incentives Program Mulder the Metropolitan I.Jvablc Communities Act for calendar years 2011 through 2020. 2. Agrees to the following affordable and life -cycle housing goals for calendar years 2011 through 2020: -- ....... ..... .._ __..... -.- - - - -- -- - .---- ......___. - -- ..- .__.._. _ _..- ....... - - - -- - -._._ — -- Affordable I l ousin g Goals Range Life -Cycle Housing Goals Range ;insert goal ranges for the specific insert goal ranges for the specific mun icipality! _ .. ................- - ... -.... - -- mun 3. Will prepare and submit to the Metropolitan Council a flan identifying the actions it plans to take to meet its established housing goals. Approved: 2010. 13 y:... — ... 13 y:_ - -- ..... .... ... Mayor Clerk Page 49 of 60 cEnclosure D Metropolitan Livable Communities Act Housing Action Plan Checklist In preparing a Livable Communities Act (LCA) Action Plan, a community should consider a number of factors before deciding which implementation efforts it will identify and undertake to expand affordable and life -cycle housing opportunities. A community should consider its housing situation, land availability, forecasted household and employment changes and any number of applicable demographic characteristics and trends that should influence its housing implementation efforts. The Action Plan should not only address the kinds of implementation efforts to be employed, but, where possible, the general timeframe in which they will be undertaken. The Plan should identify, as best as possible, the number of households to be assisted, or housing units to be produced or rehabilitated through the various programs and activities that will be pursued. Also, to the degree possible, the plan should identify the income levels of the households to be assisted, e.g. the number or percent with very low, low and moderate incomes. Finally, where possible, it should identify the efforts that will be targeted specifically to the elderly, large families, homeowners and renters. The degree to which the Plan specifically identifies local needs and the intended beneficiaries of local actions is ultimately the community's decision. There is no single "correct" format or minimum requirement for how a community attempts to address this information in its Action Plan. Understanding its current and future housing needs, and who can and should benefit from its housing efforts is a practical and prudent step, and should be the basis for the housing implementation activities of any community. There are a number of programs and local fiscal and official control initiatives that can be undertaken by communities to expand or preserve affordable and life -cycle housing. This Action Plan Checklist is intended to assist communities in identifying from among the myriad implementation tools, those activities suited to their particular needs and capacity to deliver. Housing Assistance Programs An Action Plan to implement the community's LCA goals should identify the housing assistance programs to be used by and in the community, and, where possible, the best estimate of how many households will be helped by such programs each year or over the period of years covered by the Action Plan. A number of programs provide renter assistance and below- market -rate home mortgage programs. Some involve little or no administration or oversight by the city, although most require a city's consent. A list of existing housing assistance programs which a community may use, or encourage or facilitate private market interests to use include the following: 1 2010 Housing Action Plan Checklist Page 50 of 60 Federal Government ® Section 8 Rental Vouchers and Certificate Programs Shelter Plus Care (S+C) Minnesota Housing Finance Aqency Minnesota Mortgage Program ® Community Activity Set Aside (CASA) Program ® Homeownership Assistance Fund ® HOME HELP ® Homeownership Opportunity Program Urban Indian Housing Program Tribal Indian Housing Program ® Land Acquisition for Affordable New Development (LAAND) Initiative Minnesota City Participation Program ® Housing Trust Fund Rental Assistance (HTF -RA) ® Bridges Twin Cities Habitat for Humanitv Local Community Land Trusts Housing Development Programs The Action Plan may set forth specific new construction or housing rehabilitation efforts to expand or preserve the community's stock of affordable rental housing. A limited number of tools are available to support the construction or rehabilitation of low -and moderate- income housing. These programs include the following: Federal Government ® Public Housing co Supportive Housing Demonstration Program - Transitional Housing Component • Federal Home Loan Bank - Affordable Housing Program • Home Investment Partnership Program (HOME) • Section 202 - elderly • Section 811 - handicapped Minnesota Housinq Finance Aqencv • Housing Tax Credit Program (HTC) • Low and Moderate Income Rental Program (LMIR) • Economic Development and Challenge Program (EDHC) • Preservation Affordable Investment Fund (PARIF) • Publicly Owned Housing Program (POHP) • Ending Long Term Homelessness Initiative Fund (ELHIF) • Flexible Financing for Capital Costs (FFCC) • Land Acquisition for Affordable New Development (LAAND) Initiative 2 2010 Housing Action Plan Checklist Page 51 of 60 Metr000litan Council ® Local Housing Incentives Account Livable Communities Demonstration Account ® Land Acquisition for Affordable New Development (LAAND) Familv Housina Fund ® Metropolitan Housing Resource Program Twin Cities Habitat for Humanitv Communitv Land Trusts Local Government Conduit revenue bonds ® General obligation bonds ® Housing revenue bonds ® Taxable revenue bonds Land write -down or sale Credit enhancements ® Sanitary sewer rate ad)ustn'ients Demolition ordinances Local community mortgage assistance programs ® Mortgage Revenue Bonds ® Low - income housing Tax Credits ® Local fee waivers or reductions Local tax abatement Local property tax levy Tax - increment financing (TIF) Housing Maintenance Rehabilitation and Redevelopment Programs A variety of programs are available to address maintenance, rehabilitation and redevelopment. The Action Plan should identify any or all of a number of potential programs or activities the city may employ including the following: Federal Government • Federal Home Loan Bank - Affordable Housing Program • Home Investment Partnership Program (HOME) • HOPE III Minnesota Housinq Finance Aaencv ® Housing Tax Credit Program (HTC) Low and Moderate Income Rental Program (LMIR) ® Economic Development and Housing Challenge Program (EDHC) ® Preservation Affordable Investment Fund (PARIF) ® Publicly Owned Housing Program (POHP) 3 2010 Housing Action Plan Checklist Page 52 of 60 • Ending Long Terre Homelessness Initiative Fund (ELHIF) • Flexible Financing for Capital Costs (FFCC) • Rental Rehab Loan Program • Community Revitalization Fund • Fix -Up Fund • Community Fix -Up Fund • Rehabilitation Loan Program Metropolitan Council a Livable Communities Demonstration Account Familv Housinq Fund a Metropolitan Housing Resource Program Twin Cities Habitat for Humanitv Local Community Land Trusts Local Government ® Adoption and enforcement of a local housing maintenance code ® CDBG supported rehab programs 0 Housing improvement and rehabilitation areas 0 Foreclosure awareness/prevention workshops ® Housing remodelers fair ® Weatherization programs ® Code compliance programs ® Local community first -time homebuyer financial program ® Scattered site housing replacement program ® Home repair/maintenance resource center for seniors ® Point of sale program 0 Deferral or forgiveness of development fees a Transitional Housing Partnership Local Initiatives Though considerably more restricted than in the past, state and federal laws permit local governments to implement fiscal initiatives to generate capital to assist development or redevelopment to create affordable and life -cycle Dousing. The Action Plan should include the community's short- and long -term expectations and intentions regarding the use of these fiscal tools such as the following: Federal Government ® Community Development Block Grants (CDBG) Minnesota Housinq Finance Agency s Nonprofit Capacity Building Revolving Loan Program ® Land Acquisition for Affordable New Development (LAAND) Initiative 4 2010 Housing Action Plan Checklist Page 53 of 60 Local Government ® Participation in Livable Communities Local Housing Incentives Program to access funding resources through the Local Housing Incentives Account, Livable Communities Demonstration Account and Tax Base Revitalization Account. ® See expanded listings of local initiatives under Housing Development and Housing Rehabilitation and Redevelopment Programs sections. Local Official Controls and Approvals Local controls - zoning, subdivision regulation, building code, design requirements for public improvements and the approvals process - impact both the type and cost of new housing. In doing so, however, they provide communities with a wide range of opportunities to make changes in these controls that can expand local affordable and life -cycle housing options. In preparing LCA Action Plans and in addressing future local housing development issues, communities should pledge to examine and evaluate the impact of a number of their local controls on the cost of residential development and redevelopment. The following is a checklist of local controls and requirements that a community, in preparing its LCA Action Plan, night propose to review and evaluate in the immediate future to determine if they are adequate, insufficient or unnecessarily excessive and should be revised, added to or eliminated. These controls and regulations may include: Sufficient available undeveloped or underutilized land guided or zoned for medium and high density residential development or redevelopment. Planned unit, mixed -use and cluster• development ordinances that include potential residential density bonuses and transfers. The flexibility to employ Zero lot line development or other innovative site plarilling techniques. The length and complexity of the local approvals process. ® Environmental r tions such as tree anti wetland preservation regUircments that arc stricter than those required by state law or regional policy. Local requirements regarding: o minimum lot sizes and widths o minimum floor area • increased building height flexibility • garage and off - street parking variances • set -back requirements o inclusion of private streets in subdivision development • sidewalks or non - motorized pathways • park and trail dedications • minimum right -of -way, pavement widths and depth for different streets • storm sewer design - pipe diameter, distance between catch basins, etc. • street lighting • trees, tree replacement and foliage 5 2010 Housing Action Plan Checklist Page 54 of 60 o landscaping costs o allow alternative construction methods (building materials, exterior surfaces, etc.) Q special or conditional use permits o development fees for off -site public improvements w e.g. park, trail and road fees o soil correction variances o service availability charge (SAC) credits o issuance of e- permits o inclusionary housing requirement Authority for Providing Housing Programs The Action Plan should describe what authority the city has for operating housing programs and the activities of the organizations or entities that administer the programs and/or also describe arrangements the city may have with other public or nonprofit organizations that provide housing related services to the city. • Local governmental unit, HRA, CDA, or EDA • County HRA, CDA or EDA • Community Action Program Agency 0 2010 Housing Action Plan Checklist Page 55 of 60 Enclosure E The Livable Communities Act (LCA) The Minnesota Legislature created the Livable Communities Act (LCA) in 1995. The LCA is a voluntary, incentive -based approach to address the Metropolitan Area's affordable and lifecycle housing needs while providing funds to communities to assist them in carrying out their development plans. LCA funds have leveraged millions of additional dollars in private and public investment that has provided new jobs, housing choices, and business growth. The Legislature established the Metropolitan Livable Communities Fund, including three on -going accounts from which eligible communities could apply for funding: The Tax Base Revitalization Account (TDRA) helps cities clean up contaminated urban land and buildings for subsequent redevelopment that could include- commercial, industrial, or housing opportunities. Supporting redevelopment opportunities that restore the tax base, create or retain jobs, or add affordable housing to the region are the primary objectives of this account. Projects funded through the TBRA foster increased reinvestment and infill near existing housing and services and help clean up the environment and protect water quality in the region's urban communities. 0 From 1996 through 2009, $69.3 million in Tax Base Revitalization Account grants (238 grants in 38 communities) have assisted projects which are expected to: • Leverage $3.68 billion in private investment • Increase annual net tax capacity by $62.5 million • Create or retain over 31,000 jobs • Redevelop over 1,600 acres of former brownfields ® The Livable Communities Demonstration Account (LCDA) funds public infrastructure and land assembly for development and redevelopment projects that achieve connected development patterns that link housing, jobs and services, maximize the development potential of existing or planned infrastructure and regional facilities, and expand affordable and life -cycle housing options in the region. LCDA awards have been used to revitalize communities and establish new neighborhoods as places for living, working, meeting daily shopping needs and recreation. The LCDA program is a popular funding source to help achieve regional and local community development objectives in the region's communities. Funded project elements have included land acquisition, street infrastructure, pedestrian connections, stormwater management infrastructure, and public -use structured parking to support additional density. LCDA funding is a catalyst that enables cities and developers to implement replicable models that expand development options in the market. 0 From 1996 through 2009, $81.8 million in Demonstration Account funds (155 grants to 49 communities and three multi -city coalitions) have assisted projects which are expected to: Leverage nearly $2.95 billion in private development investment ® Leverage over $1.1 billion in other public investment ® Provide over 21,500 new housing units ® Rehabilitate over 600 housing units - single- family houses, townhouses, condominiums, rental apartments for families and seniors, and live -work housing ® Offer replicable examples of: 1 The Livable Communities Act Page 56 of 60 • Redevelopment and infill development including revitalized inner -city communities with additional housing and job opportunities; redeveloped alder suburban downtowns and neighborhoods with additional housing opportunities linked to neighborhood retail and commercial services and public spaces; • Development in newer suburban communities, including town centers, that connects jobs, a choice of housing types, retail and commercial services, and community activities in close proximity. ® Provide better jobs/housing/transportation connections through added housing and services in locations well served by transit; ® Assist projects in the predevelopment stage that show potential to evolve into projects that could be funded with LCDA development grants; and ® Engage communities in working together to solve issues of regional and subregional concern. ® The Local Housing Incentives Account (LHIA) helps preserve and expand lifecycle and affordable rental and ownership housing in the metropolitan area. LHIA grants have helped produce new and rehabilitated affordable rental and homeownership housing in 50 communities in the region, promoting the Council's policy to expand and preserve lifecycle and affordable housing options to meet changing demographic trends and market preferences, and to support the region's economic competitiveness. In some cases, a single city may be designated as the grantee for an award, while the actual housing units may be located in more than one city. 0 From 1996 through 2009, $20.4 million in Local Housing Incentives Account (LHIA) grants (115 grants to 50 communities) have assisted with gap financing in proposals that are expected to: • Leverage nearly $304 million in private investment • Stimulate over $191 million in estimated other public investment • Develop 1,888 new affordable rental units • Rehabilitate 717 affordable rental units • Develop 462 new affordable ownership units • Rehabilitate 352 affordable ownership units • Provide home improvement loans to over 1,100 homeowners ® The Land Acquisition for Affordable New Development (LAAND loan program) In 2008, in partnership with the Minnesota Housing and the Family Housing Fund the Council initiated the Land Acquisition for Affordable New Development (LAAND) program using $4 million in LCDA funds to provide no- interest loans that would assist communities in efforts to address their affordable housing need. 0 In 2008 and 2009, the Council made 5 LAAND loans to 5 separate awardees, for a total of $4 million. The awardees were Hopkins, Minneapolis, Saint Paul, the Carver County Community Development Agency, and the Washington County Housing and Redevelopment Authority. These loans are expected to: Help obtain site control of key parcels for future affordable housing projects Result in projects with a minimum of 20% affordable housing units ® The Inclusionary Housing Account (IHA) In 2000 and 2004 the Council awarded grants from a one -time appropriation of funds to support affordable housing developments in which the reduction of local controls and regulations resulted in reduced development costs. The account is currently unfunded. 2 The Livable Communities Act Page 57 of 60 0 In 2000 & 2004 the Council awarded Inclusionary Housing Account (IHA) grants totaling almost $4.6 million (13 grants to 8 communities) to assist with gap financing for projects that were expected to: • Include $125 million in total development investment • Help develop 134 new affordable condominiums and townhomes • Help develop 578 new rental units -271 of which are affordable to lower income households Total LCA Awards From 1996 through 2009, the Metropolitan Council awarded a total of $198,731,459 in 578 grants and loans. Over 90% of these LCA awards have been used to move forward to completion projects that have leveraged over $9 billion in private and other public investment, created over 24,000 housing units and nearly 31,000 jobs while adding over $62 million to the metro area flax base. During this timeframe, 52 awards have been relinquished in full or in the majority, for a net award total of $175,682,248 in 526 grants. Applicant Eligibility In order to be eligible to compete for this funding, the I-CA requires interested communities to: negotiate long-term affordable and lifecycle housing goals with the Metropolitan Council; ® have in place an LCA Housing Action Plan to identify and give direction to the city's use of programs, official controls and fiscal devices to help accomplish these negotiated goals; and contribute toward or expend locally a specified amount of local resources for affordable housing each year they participate in the program. This contribution, or expenditure, is called the Affordable and Life -Cycle Housing Opportunities Amount ( ALHOA) and is an amount equal to the community's Livable Communities Demonstration Account levy. Communities must expend or contribute at least 85% of their annual ALHOA obligation annually. Communities have some flexibility in determining which local expenditures fulfill the ALHOA contribution. Examples of ALHOA- qualifying expenditures include housing assistance, development or rehabilitation efforts, the costs of local housing inspection and code enforcement, and local taxes to support a local or county Housing and Redevelopment Authority. Conclusion The Livable Communities Act funding has been a valuable tool to help metropolitan area communities: ® Build stronger communities through infill redevelopment of brownfields, tax base growth, and new jobs Provide neighborhoods throughout the region with more housing opportunities linked to a mix of neighborhood retail and commercial services, and public spaces ® Increase public /private investment to develop, improve, and preserve affordable and lifecycle housing (This document was adapted by Livable Communities staff on 6 -21 -10 from a document prepared for the 2009 American Planning Association Conference entitled Twin Cities Livable Communities Projects) 3 The Livable Communities Act Page 58 of 60 f' u. Oak Park Heights Request for Council Action Meeting Date Semember 24- 20 - ..- Time Required: Minute Agenda Item 'Title: Yellow Ribbon Community- SiRnave Agenda Placement Now Originating Dcpailment/Reqoestor Councilingnber McComber Requester's ------------ Action 1-�,cqucsted S�c Below - .............. --.— Background/Justificatim (Please indicate if any previous action has Nen fakcii or if offier public bodies have advised): The City is able to purchase sigiiage identifying that it is a Yellow Ribbon Community. This nnay be Posted on ciarance signageto the City. 'Somothing similar is posted at the entmice to the City of Stillwater and Lake E�,Imo. I any unsure of the pricing at this time and hope to have it at the night of the meeflog, Staff indicates that it shouldn't be more than $50 per sign, give or take, depending oo size. I would like the Council to conside• the purchasing of such signago from and to direct staff to install these when received. 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