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HomeMy WebLinkAbout11-06-2013 City Council Packet CITY OF OAK PARK HEIGHTS WEDNESDAY, NOVEMBER 6, 2013 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:00 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff 7:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—October 22, 2013 (1) C. Approve Resolution Supporting Submission to the State of Minnesota for Funding in the Upcoming 2014 Bonding Bill—Land Acquisition(2) D. St. Croix River Crossing Project—Parcel #19 Reconveyance to State(3) 7:10 p.m. V. Public Hearinjzs A. Improvement Hearing—Street Reconstruction(4) 7:45 p.m. VI. Old Business A. St. Croix River Crossing Update 7:50 p.m. VII. New Business A. Resolution Requesting the Installation of Additional Barrier Systems Along the South Frontage Road (5) 5:00 p.m. VIII. Other Council Items or Announcements 5:00 P.M. IX. Adjournment Pagel of 38 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 2 of 38 Oak Park Heights 1 Request for Council Action Meeting Date November b, 2013 Agenda Item Approve City Council Minutes—October 22, 2013 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature. Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 38 CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 22, 2013 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, City Engineer Long, City Planner Richards, and Public Works Director Kegley. Absent: Councilmember Liljegren. Mayor McComber added"Appoint Mr. Aaron Bye to City Park Commission"to Consent Agenda as Item F and"Placing of Addresses on Buildings"to New Business as Item D. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Agenda as amended. Carried 4-0. II. Council/Staff Reports: A. Mayor McComber: She reported that the Parks Commission's next meeting was set for November 18 at 7:00 p.m. She also reported that the St. Croix River Crossing Boat Tour with MNDOT was set for October 25 from 10:00 a.m. -- 11:30 a.m. B. Councilmember Dou ertX: No report C. Councilmember Liljegren: Absent D. Councilmember Runk: He reported that the Planning Commission's last meeting was October 10, and there were two items from that meeting on the City Council Agenda. E. Councilmember Swenson: He reported that the Bayport Fire Department Open House was set for October 31 from 4:30 p.m. —8:00 p.m. F. Staff: Deputy Clerk Pinski reported that Nicole Berkel of 6435 Paris Avenue North was chosen as the recycling award winner. 111. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—October 8, 2013 C. Approve Renewal of Boulevard Tree from 14240 55`x' Street North Page 4 of 38 City Council Meeting Minutes October 22, 2013 Page 2 of 3 D. Authorize Expenditures for Employee Retirement E. Approve HLB Tautges Redpath, Ltd. Auditing Services for December 31, 2013 F. Appoint Mr. Aaron Bye to Parks Commission Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearines: None VI. Old Business: A. St. Croix River Crossing Update: Jon Chiglo from the Minnesota Department of Transportation was present at the meeting and reported that they were transferring traffic onto the new Highway 95 and 36 the coming Sunday or Monday to complete the new Beach Road. He stated the contractor was making progress on the piers on the river. He stated that drilling operations would be complete within the month. Chiglo also reported that Pickett Avenue was closed that day and should be reopened the following day. He reported that the barriers at Stagecoach Trail would be traversable slopes rather than guardrails. He also reported that the bump on the south frontage road east of Club Tara would be mitigated when the road was paved in November. Mayor McComber questioned when Penrose would reopen. Chiglo responded that Penrose would be open when Beach Road was open which was anticipated to be in November. She also questioned whether there would be barriers to prevent debris from falling into traffic. Chiglo responded that a barrier would be constructed. City Engineer Long asked Mr. Chiglo if the water main on the south side at Oakgreen Avenue was going to be relocated. Chiglo stated that the contractor was able to avoid that impact, so the utility was proposed to be left in place. City Attorney Vierling stated that the plan approved by the City Council included that those utilities would be moved south. Chiglo stated they could move it,but it might be considered a betterment. Mayor McComber suggested that City Administrator Johnson and Mr. Chiglo work out a date for a worksession to discuss that matter if it was necessary to do so. Page 5 of 38 City Council Meeting Minutes October 22, 2013 Page 3 of 3 B. Third PRV Station Install: Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the project with Miller's quote without the labor discount. Carried 4-0. VIL New Business: A. MN Outdoor Shooting Sorts—Design Standards/Site Plan Review: City Planner Richards reviewed his planning report which was included in the City Council meeting packet. Councilmember Swenson requested that the applicant reduce the green space on the plan to accommodate for emergency vehicle access. Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Resolution. Roll call vote taken. Carried 4-0. B. Xcel Energy—Conditional Use Permit—Rail Spurs/Interim Use Permit— Office Trailers: City Planner Richards reviewed his planning report which was included in the City Council meeting packet. Councilmember Swenson, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 4-0. C. City Council—Teambuildin WPlanning: Councilmember Swenson, seconded by Mayor McComber, moved to set a teambuilding session with the City Council on February 5, 2014 at 6:00 p.m. Carried 4-0. D. Placing;of Addresses on Buildings: Councilmember Swenson, seconded by Councilmember Dougherty, moved to direct the City Administrator to work with the Chief of Police, Public Works Director, and Fire Chief to start enforcing placing addresses on building. Carried 4-0. VIII. Other Council Items or Announcements None IX. Adiournment Councilmember Runk, seconded by Councilmember Dougherty, moved to adjourn at 7:47 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 6 of 38 f 2 w Oak Park Heights Request for Council Action Meeting Date November e 2013 Time Required: 1 Minutes Agenda 1_tem Title: A prQve resolution Smpporting Submission to the State QfMinnesota for Funding in the Upcoming 2014 Bonding Bill—Land acquisition. Agenda Placement Consent Agarfaa Originating Department/R estor E 'c Johnson City Administrator Requester's Signature Action Requested ApprovIresolution SWortiLig Submission to the State of Minnesota for Fundina in the Upcominsz 20 Bonding Bill—Land acquisition Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City is required to pass a resolution supporting the submission to the State of Minnesota for consideration for funding the upcoming Bond Bill. Please see the enclosed resolution and documentation submitted to date seeking$270,000 for land acquisition(Westbury property). Page 7 of 38 r RESOLUTION A RESOLUTION SUPORTING THE CITY OF OAK PARK HEIGHTS' 2014 CAPITAL BUDGET REQUEST TO THE STATE OF MINNESOTA FOR PROVDING FUNDING TO ACQUIRE CERTAIN LANDS FOR RE-ROUTING OF THE STH 36 FRONTAGE ROADWAY AND REDEVELOPMENT OF THE NORTHWEST CORNER OF STH 36 AND OSGOOD AVE. (CSAH 24). Whereas the City has submitted a preliminary request in the 2014 State Capital Budget for funding necessary to acquire certain lands from private property owners to facilitate the construction of a new frontage roadway that would foster a redevelopment of the area as well as alleviate difficult congestion and dangerous traffic conditions,and; Whereas the City believes that this submission is well timed so as to execute the project in 2014 and in concert with the reconstruction of STH 36 and the St.Croix River Crossing Project;and, Whereas the City has worked extensively with the Minnesota Department of Transportation to conceptualize and facilitate this proposal; and, Whereas the State of Minnesota does request a supporting resolution by the City Council for such proposal and submission for considertion in the State Bonding Bill. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights does support the submission of the 2014 Capital Budget Request and shall provide the matching funds as stated in the documentation provided to date if requested funds are awarded. Passed by the City Council for the City of Oak Park Heights this 6th day of November 2013 Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 8 of 38 MINNESOTA Management E!P&Budget Attachment A For Local Governments Requesting a 2014 Capital Appropriation Please provide answers to all of the following questions (one for each project request) and submit them electronically in Microsoft Word to ca italbud et.mmb(@state.mn.us by June 21, 2013. I. Project Basics 1) Name of the local government or political subdivision that is submitting the request: The City of Oak Park Heights 2) Project title: STH 36 & Osgood Ave — State Frontage Road Realignment 3) Project priority number(if the applicant is submitting multiple requests): 1 (only one request from the City of Oak Park Heights) 4) Project location (please list town(s)/city(ies) and county(ies): City of Oak Park Heights, Washington County 5) Ownership and Operation: Who will own the facility: The City of Oak Park Heights Who will operate the facility: The City of Oak Park Heights Names of any private entities that will occupy/use any portion of the building: 6) Project contact person (name, phone number and email address): Eric Johnson City Administrator City of Oak Park Heights PO Box 2007 Stillwater, MN 55082 651-439-4439 / eajohnson @cityofoakparkheights.com 400 Centennial Building .658 Cedar Street •St.Paul,Minnesota 55155 Voice:(651)201-8000 • Fax:(651)296-8685 • TTY: 1-800-627-3529 Page 9 of 38 An Equal opportunity Employer Local Govemment Capital Budget Requests Page 2 II. Project Description 7} Description and Rationale: Provide a brief project description and rationale (one page maximum). The City is seeking $270,000 in state bond funding to acquire lands necessary to re-align / reconstruct the state owned frontage road in a portion of the City known as the "STH 36 & Osgood Ave. Redevelopment Area', The "Area" is located at the northwest corner of STH 36 and Osgood Ave. (CSAH 24), see Map. Y 7 This is a major a, �. G rrsm Fu ry Jeep-Dodge - s Dealershlp-using old building y intersection in the Oak I Align wl Walgreens IngresalEgress Park Heights/ Stillwater - r F y v The Is seeking Area Community and funds to acquire Parcel C end ,A i ROWlEasemenl on Parcel D;clear �t the current alignment I` ouch sites, construct a now i Frontage Road and Intersection: causes significant Parcel C " difficulties for the 9 motoring public as well as re-development New Frontage Road difficulties due to ' ? . Location (Approx) significant stacking and ! ! 66' ROW cueing problems. Current Frogtage Road State rt e I ! State Tnk Righway 36 ` .p r so 100 T zon _3N -400 The Area is largely r-01-.T m-T; ._, dominated by the r former Denny Hecker car dealership site (Parcel D) now repurposed as a Fury Motors Jeep Dealership. The balance of the Area also contains derelict, aged and underutilized facilities in need of renewal and redevelopment. With this realignment Fury Motors,plans to construct a new Chrysler/Dodge dealership and new development opportunities would be enhanced. The City is seeking the necessary funds to purchase necessary lands / easements, (purchase of Parcel C and acquire easement from Parcel D). Once purchased the City would clear such properties and relocate the frontage roadway. The total estimated cost for the project is $975,000. Washington County has committed up to $200,000 and MNDOT will commit $180,000 in exchange for the City taking over this frontage roadway in perpetuity. The City has committed an additional $325,000, leaving a gap of $270,000. The valuable public purposes that are anticipated as a result of this relocated frontage road are that the numerous traffic back-ups that now occur at this intersection will be relived and that this reroute will foster the appropriate redevelopment of this area including a new Fury Motors Dealership. Another added benefit to this Project is that the current frontage roadway serving this Redevelopment Area is now owned and operated by MNDOT. The City would, assuming the securing of necessary funding would reconstruct this roadway in its new location as shown and would take over this roadway from MNDOT, thus reducing State future costs and continual maintenance burdens. Page 10 of 38 Local Government Capital Budget Requests Page 3 7) Square Footage: No new building construction is to be financed. 8) For new construction projects, identify the new square footage planned. For remodeling, renovation or expansion projects, identify the total square footage of current facilities, the square footage to be renovated, and/or the new square footage to be added. (NA) III. Project Financing The following table describing the total amount of financial resources needed and the proposed uses of funds must be submitted for each protect. • Enter amounts in thousands ($100,000 should be entered as $100). • Enter the amount of state funding requested on the line "State GO Bonds Requested". • Uses of Funds must show how all funding sources will be used, not just the state funding requested. • Sources of Funds total must equal Uses of Funds total. • In most cases, the state share should not exceed 50% of the total project cost. Do the project cost estimates below include inflation (see question 10 below)? _Yes X No Sources of Funds Prior For For For Dollars in Thousands Years 2014 2016 2018 Total State GO Bonds Requested 270 270 Funds Already Committed State Funds 180 180 City Funds 325 325 Count Funds 200 200 Other Local Government Funds Federal Funds Non-Governmental Funds PendingMNDOT-CITY Pending Contributions Agreement.City assumes frontage road responsibilities City Funds County Funds Other Local Government Funds Federal Funds Non-Governmental Funds I TOTAL* 180 795 975 Page 11 of 38 e Local Government Capital Budget Requests Page 4 State Bonding Request. (revised from $275) Uses of Funds Prior For For For Dollars in Thousands Years 2014 2016 2018 Total Land Acquisition 180 270 450 Predesi n (required for projects over$1.5 M Design (including construction administration) 60 60 Project Management 70 70 Construction 395 395 Furniture/Fixtures/Equipment Relocation not bond-eligible) TOTAL* 180 795 975 Totals must be the same. Planning MNDOT-CITY Agreement.City assumes frontage road responsibilities Page 12 of 38 Local Government Capital Budget Requests Page 5 IV. Other Project Information 10) Project schedule. Identify the date (month/year) when construction crews are expected to first arrive on site, and the date (month/year) when construction will be completed with a certificate of occupancy. Anticipated Start Date: July 1, 2014 Anticipated Occupancy date: Fall 2094 (For facilities projects, this information will also be used to calculate an inflation cost, using the Building Projects inflation Schedule posted on the Minnesota Management and Budget website. 11) Predesign. For projects with a total construction cost of$1.5 million or more: Has a project predesign been completed? Yes NA No If so, has the predesign been submitted to the Commissioner of Administration? Yes No 12) State operating subsidies. identify any new or additional state operating dollars that will be requested for this project. (Specify the amount and year, if applicable). NONE 13) Sustainable building guidelines. Discuss how the project meets or exceeds the Minnesota Sustainable Building Guidelines established under Minnesota Statutes, section 1613.325, which may be found at http://www.msbci.umn.edu/. These are now mandatory for all new buildings or major renovations receiving state bond funding. The Project proposed by the City does not contemplate financing new building construction. However it does contemplate new impervious surfaces for which the City would expect to meet the local watershed organization rules for volume, rate and quality controls to protect the St. Croix River. 14) Sustainable building designs. Explain the extent to which the project will use sustainable building designs, if applicable. The Project proposed by the City does not contemplate financing new building construction. 15) Resolution of support and priority designation. Has the governing body of the applicant passed a resolution of support (which indicates the project's priority number if the applicant is submitting multiple requests)? Yes X No If so, please attach the signed resolution. If not, please indicate when the resolution will be coming (and forward the resolution to MMB when available): July 2013 . Page 13 of 38 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 14 of 38 Oak Park Heights 3 Request for Council Action Meeting Date November 6a`, 2013 Time Required: 1 Minute Agenda Item Title: Consent Agenda Agenda Placement St. Croix River Crossing project—Parcel #19 Reconve ance to State Originating Department[Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Approve Resolution Reconve in Parcel #19 to the State of Minnesota Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City has been notified by the State of Minnesota that the City's conveyance of Parcel#19 to the State for $500.00 (see attached map) is in need of revision. The Conveyance Deed was granted to the City of Oak Park Heights in 2005 with the condition the land be used exclusively for placement of park and trail facilities. It does not provide the city with fee interest in the property, but rather only the ability to use the property for the exclusive use listed on the conveyance. These conditional use deeds are a method for municipalities to acquire tax forfeited parcels at little or no cost,for a specific use. Any change in the use falls under the "Rules of Reversions" portion of the Department of Revenue procedures,which is derived from M.S. 282.0 1, Subd. I d. Excerpts from the Department of Revenue manual/State law: If the governmental subdivision has failed to put the land to the intended use, or has abandoned that use, the governing body of the subdivision must do one of two things: A. With the approval of the county board,the governing body may purchase the property for an authorized public purpose at the present market value as determined by the county board,OR B. The governing body of the subdivision may authorize the proper officers to convey the land, or the part of the land not required for an authorized public use,to the state of Minnesota in trust for the taxing districts. If the governing body purchases the property, the commissioner of revenue will convey the property on behalf of the state by quit claim deed to the subdivision free of a use restriction and the possibility of reversion. The value however is set by the County Board. If the governing body decides to re-convey the property to the state, the officers shall execute a deed of conveyance immediately. The conveyance is subject to the approval of the commissioner and its form mast be approved by the attorney general.This is what is being requested here by the State. As before, considered before, the City appears to limited need or use of this property for park and trail facilities and has not materially advanced those goals since 2005. Accordingly the City is being requested to Page 15 of 38 re-convey the land to the State of Minnesota, unless it desires to purchase the property outright subject to the condition"A"above . Assuming the City Council has no further interest in the property, the enclosed resolution accomplishes option"B"as requested by the State of MN. - See Attached. Page 16 of 38 Resolution A RESOLUTION RECONVEYING TAX FOREFEITED LANDS TO THE STATE OF MINNESOTA Whereas the City in 2005 acquired an interest in certain property located near the Sunnyside Development due to tax forfeiture, seem map below, and; Clty Property PINr13403020310116 .34 Acres Legend County Data: EMV Lan&$100.00 + s-swr_arrow EMV:BLDG:0 A strm_struc EMV Total 3100, • strm_arrow ' NOTE:THE city acquired this property 1t through lax forefiture sswr_struc A{ �` • City_hydfants stmr_pipe r sswr_pipe watr_pipe ~ta ti rdrghtw City oroak Park-lkiehis {- j W16r0eL4a:k0:.J�•H.x-('•pd PalHri;Lr., n'p;;: iF�,_ ' �� 14 Puw fisi+.usk.F.<<r rl ia.rn•_ Whereas the City submitted its request for the Conveyance of Forfeited Lands to Washington County and/or the State of Minnesota with the underlying goal that such lands might be utilized for park or trail purposes,and; Whereas since that time, the City has not materially advanced that purpose-, and, Whereas the State of Minnesota Department of Transportation is seeking the acquisition of this Parcel for the benefit and purposes of the St. Croix River Crossing. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park heights does approve the re-conveyance of lands at no cost to the State of Minnesota however this approval or action shall not impede or delete existing rights or lands for any public utility, private access interests other public easements that may be of record or for utilities physically in place at the time of the re-conveyance. Passed by the City Council for the City of Oak Park Heights this 6th day of November 2013 Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 17 of 38 WASHNGTON COUNTY 3549256 Receipt do 216117 Gate: 1f/2f2011S I � Registration tax hereon efi:$1.65 PAID MN Conserv*Mon Fund M.S.473h 55.00 PAID Molly F.O'Rourke,Auditor by CSFreddcksen NO of the County Recorder quern tea an r Cerfificm Washington County,MN a Reef Eswe Value f f Red a1 not reww ceme.a sled motel reMIea oa: It D5 2005111i0a 11:01:00 AM (Date)• 3549256 F.O'Rourke Autlntw4mammir ebwrr10~ c•�y amran ka?4-dQ' .p .O 1 Dep *,I U, Conveyance of Forfeited Lands Commissioner's Deed No.0200 9'"R O THIS DEED,Made this 14th day of October,2005,by and between the State of Minnesota,acting by and through the Commissioner of Reverrue(Grantor),and City of Oak Park Heights,a governmental subdivision(Grantee),WITNESSETH: WHEREAS,the land hereinafter described was duly forfeited to the State of Minnesota to be held in trust in favor of the taxing districts for the nonpayment of taxes,and. WHEREAS,pursuant to Minnesota Statutes Section 282.01,Subdivision I a,the grantee has applied to the Commissioner an of Revenue for the conveyance of lands hereinafter described to be used by it exclusively for placement of park and trail facilites,and WHEREAS,unless not requited under Minnesota Statutes Section 282.01,Subdivision 1 b(b),the Board of County Commissioners of the County of Washington,State of Minnesota,has recommended to the Commissioner of Revenue by resolution adopted on the 4th day of October,2005,that such conveyance be made, I NOW,THEREFORE,the State of Minnesota,pursuant to said laws and in consideration of the premises,does hereby grant or j convey without warranty unto the grantee,all the tracts or parcels of land lying and being in the County of Washington,State of Minnesota,described as follows,to-wit: I PIN: 34,030.2D.31,0116 ` PART OF GOVERNMENT LOT 4, S34730R20, LYING EAST OF C ST P M& O RWY AND WESTERLY OF A LINE DESC AS FOLL: COMMENCE AT AN IRON MON ON SOUTH LINE OF LOT 4 & EAST LINE OF SD RWY THEN 6 AN ASSUMED BEARING ALONG SOUTH LINE OF SAID LOT 4 553.87 FT TO AN IRON MON THN N31DEG54'28"W 859.76 FT TO AN IRON MON THN NORTH 27DEG4031" W 230 FT TO AN IRON MON THN N 63DEG5616"W 109.90 FT TO AN IRON MON THN N29DEG16'06"W 360 FT TO AN IRON MON THN N34DEG44'57"W 97.43 FT TO AN IRON MON THN NORTHWESTERLY ALONG A TANG CURVE TO LEFT RADIUS OF 205.58 FT CENTRAL ANG OF 58DEG5V FOR 211.10 FT TO AN IRON MON THN S 86DEG25'03"W TO WEST LINE OF SAID RWY & THERE TERM. TOGETHER WITH SOUTH 100 FT OF SAID GOV LOT 4 LYING EAST OF AFOREDESC LINE.,EXC'.ALLTHAT PT OF LOT 4 SEC 34T30R20 DESC AS FOLLOWS TO WIT BEGIN AT AN IRON PIPE MON SET AT QTER OF NORTH LINE THEREOF WETH EASTERLY RWY LINE OF C ST P M & 0 RWY CO & RUNNING THN SOUTHEASTERLY BY A DEFLECTION ANG OF ISD1EG53' FROM SAID NORTH LINE l43 Fr TO AN IRON PIPE MONU THN SOUTHEASTERLY BY A DEFLECTION ANG OF 54DEG46' TO RIGHT I I0 FC TO AN IRON PIPE MONUMNENT THN WESTERLY BY A DEFLECTION ANG OF 103DEG35' 119.3 FT TO AN IRON PIPE MONUMENT SET ON SAID EASTERLY RW]'_ME_OF SD RR THN NORTHWESST'ETRLY_.TI.ONG SAID RWY LINE 165 FT TO POINT OF BEG. SUB TO EASE.LFXCEPTJ FT WHICH IS NOW THE COMMON AREA OF 5UJI±NYS1D.E-W_ THE ST CRODC APT OWNERSHIP #12 19E PART PLATTED AS CONDO #38 SUNMYSIOE H,.CONDOS FOURTH SUPPLEMENTAL. OAK PARK HEIGHTS, excepting and reserving to the said state,in trust for taxing districts concerned,all minerals and mineral rights,as provided by law. Further,the lands conveyed by this deed are not eligible for enrollment in a State of Minnesota funded program providing compensation for conservation of marginal land or wetlands. TO HAVE AND TO HOLD THE SAME,together with all the hereditam ante and appurtenances thereunto belonging or in anywise appertaining,to the grantee so long as it shall continue to use said land for the purpose aforesaid,and upon condition that if such use shall cease or if some other use should be made of the lands and the other use is not approved by the county board said land shall revert to the patty of the first part as provided by law. THE GRAN'T'OR CERTIFIES that the Grantor dots not know of any wells on the described real property. The State of Minnesota is issuing this decd for the county and other taxing jurisdictions and in reliance on the Auditor's certification stating no wells are located on the above described property. q IN TESTIMONY WHEREOF,the State of Minnesota,Grantor,has caused this deed to be executed in its name in the City of St.Paul,Ramsey County,Minnesota,the day and year first above written. Form approved byAuonmy Gcnaal(02!03) Retwo to Becks AutVATSE Page 18 of 38 PT Form 975(Revised 04103) Minnesota Departmeut of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a.Governmental Subdivision Under Minnesota Statutes,Section 282.01,Subdivision 1d State Deed Tax Due Hereon: 1.65 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the day of conveyed to a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"), by state deed numbered the real property described below(hereinafter"Property"}to be used for an authorized public use,and WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was conveyed,or has abandoned the public use for which it was conveyed,and now desires to reconvey the Property under Minnesota Statutes, Section 282.01, Subdivision 1d to the State of Minnesota,to be held in trust according to Minnesota Statutes, Section 281.25, NOW THEREFORE,the Governmental Subdivision,pursuant to said laws,and pursuant to the duly adopted resolution of its governing body number I dated I does hereby grant and convey the property in the County of described as follows,together with all appurtenances thereunto belonging: to the State of Minnesota,to be held in trust as provided by Minnesota Statutes,Section 281.25,upon like conditions and with like effect as if the Property had not been conveyed to the Governmental Subdivision for a public use, (Name of Governmental Subdivision) By: Signature Title Date By: Signature Title Date STATE OF MINNESOTA } }ss. County of ) On this day of and respectively the and the of the governmental subdivision named in the foregoing instrument,appeared before me and acknowledged that they executed the same as the free act and deed of said governmental subdivision pursuant to the statutes in such case made and provided. Notary Date Page 19 of 38 Tax Statements(if Any)for the real property described in this instrument should be sent to the County Auditor of the County wherein the property is located,in care of the County Courthouse. Appmved by the Attorney General.This instrument was drafted by the Comnmissioner ,of Revenue,Minnesota Department of Revenue,St.Paul,MN 55146. Approval The undersigned,acting for the Commissioner of Revenue of the State of Minnesota,under delegation of authority duly filed with the Secretary of State,does hereby approve the foregoing conveyance to the State of Minnesota. Dated: STATE OF MINNESOTA Commissioner of Revenue By: The duly appointed delegate of the Commissioner of Revenue, for these purposes. STATE OF MINNESOTA) )Ss. COUNTY OF RAMSEY ) This Approval was acknowledged before me on by the duly appointed delegate of the commissioner of revenue for these purposes. Notary Date Page 20 of 38 S. P. 8214-1 14 COUNTY Wash in ton PARCEL NO. 19 OWNER CifY of Oak Park He i hts Scale 1 " = 5©ft. 2 0 y 1 0 Lo 015 fl TEMPO EASEMENT 1. N R UU THIS PAGE IS INTENTIONALLY LEFT BLANK Page 22 of 38 4 Oak Park Heights Request for Council Action Meeting Date November 6 h, 2013 Time Required: 30 Minutes Agenda Item Title: Improvement Hearing— Street Reconstruction Agenda Placement Old Business, Originating DepartmentlReq sto ric John Ci Administrator Requester's Signature Action Requested See Belo Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Following the planned schedule for the Street Reconstruction Project the City Council is require to hold an Improvement Hearing (public Hearing) and which has been published and noticed for Nov 6`� 2013 at the City Hall; 7:00 pm. Staff would anticipate to again present the power point material, comment on the Area meetings held in each neighborhood and answer any questions that may arise. Ultimately the City Council must pass by a 415`" Vote the enclosed resolution. If only four members of the Council are able to appear, all members must vote for the resolution in order for it to pass. Enclosed: • Summary of the comments received from the neighborhood meetings • Copies of the received comments supplied to the City • Proposed resolution. Page 23 of 38 Stantec Memo To: Mr. Eric Johnson From: Mr. Lucas Miller City of Oak Park Heights Stantec Consulting Ltd. 14168 Oak Park Blvd. N. 2335 Highway 36 West, P.O. Box 2007 St, Paul, MN 55113 Oak Park Heights, MN 55082 File: Street Reconstruction Date: November 1, 2013 193801994 Reference: Neighborhood Meetings for October 28& 29, 2014- Feedback Summary Dear Eric, On Monday and Tuesday, October 28th and 291h, we completed the neighborhood meetings for areas B, C, D and E for the Street Reconstruction Project, Overall, we received good feedback from the residents. Below are some of the topics that were highly discussed and questioned during the meetings. Following those questions are the general responses and answers we made in reply to their concerns: 1) Q)What happens to the large trees on the property line and will there be any replacement of trees removed? A) During construction, we will avoid as many trees as possible to the best of our ability. However, due to constructabi€ity of the underground utilities and streets, it may be impossible to avoid roots of certain trees. It the roots are damaged, the trees will most likely be lost. We will consult with the City Arborist throughout the design of the project in regards to trees that are at risk of being removed or damaged, and then discuss whether or not there is any form of tree replacement program. 2) Q) Can there be installation of surmountable curb instead of the B618? A)The installation of surmountable curb will be presented to the City Council as a substitution to the B618 curb. 3) Q) What is the impact to custom driveways with colored concrete or stamped concrete? A) All driveways are planned to be cut back approximately five feet from the back of the new curb line. Bituminous driveways and gravel driveways will have a five foot bituminous apron installed. All concrete driveways, including custom color or stamped driveways, will have a five foot standard concrete apron installed. All custom colored or stamped concrete driveways or walks will have to be reinstalled at the expense of the land owner, if they wish to put It back to its previous condition. Design with community in mind ml(p v:119381 active\193W 19941communical ions\correspondence lj)hnson_I]m^community meeting for street reconstruct-feedback summary 10-31-13 docz Page 24 of 38 ® Stantec November 1, 2013 Mr. Eric Johnson Page 2 of 2 Reference: Neighborhood Meetings for October 28& 29, 2014- Feedback Summary 4) Q)When is the appropriate time to salvage landscaping from the City's right-of-way before construction takes place? A) In area B and C, property owners will have at least a month after spring thaw to move any items of concern out of the right-of-way before construction will start in your area, due to construction starting in other areas first. In area D, property owners will have the entire year of 2014 to move any items of concern out of the right-of-way due to construction starting in 2015. In area E, coordination will occur between the contractor and the land owners in order to allow them a couple of weeks to move any items of concern out of the right-of-way, as street construction will begin at the end of April or beginning of May of 2014. 5) Q)What damage may occur to existing irrigation systems in the right-of-way during construction? A) Anything within the City's right of way has the possibility of being removed or damaged during construction. It is the land owner's responsibility to move any items of concern out of the right-of-way before construction starts, store during construction, and reinstall the item offer construction is complete. Please advise us on how or if you wish to address any of these issues in our design. If you have any questions please feel free to call me at 612-875-2430 Sincerely, Stantec Cons ng Ltd. Lucas Miller Construction Manager Phone: 612-875-2430 Lucas.J.M i l l er @Sta ntec.com Attachment: None c. Chris Long, Jason Peterson, Brad Reifsteck, Rohini Ray-Stantec; Andy Kegley-City of Oak Park Heights Design with community in mind m1(p v:`19381ac1ive1)93 801 994 1 communications lcorrespor)denceljohnson_Ijm^community meeting for street reconstruct-Feedback summary 10-31-13 dncx Page 25 of 38 COMM ENT FORM City of Oak Park Heights 0929 Street Reconstruction Project-2014 & 2015 Stantec i Feel free to complete the following comment form and submit one of four ways: 1.) Email to Lucas Miller at 2•) Mail to Oak Park Heights City Hall at the address below: City of Oak Park Heights ATTN: Eric Johnson 14165 Oak Park Blvd N. PO Box 2007 Oak Park Heights, MN 55082 3.) Submit in drop box at Oak Park Heights City Hall at front desk (see address above) 4.) Bring to On-Site Neighborhood Meeting scheduled for you, area. Name: P• Address: 0 d j (Z /: 1� kl� AJ L04 2� Phone: E-mail: i Comments/Concerns/Questions: ti Kk a Gnu av` inn `J` c -Y� c ILL _JJ �_p t/�J Page 26 of 38 i COM M ENT FORM City of Oak Park Heights Street Reconstruction Project-2014 & 2015 eta rite c Feel free to complete the following comment form and submit one of four ways: 1-) Email to Lucas Miller at s.miller2Gstantec.com 2.) Mail to Oak Park Heights City Hall at the address below: City of Oak Park Heights ATTN: Eric Johnson 14168 Oak Park Blvd N. PO Box 2007 Oak Park Heights, MN 55082 3.) Submit in drop box at Oak Park Heights City Hall at front desk (see address above) 4.) Bring to On//-Site Neighborhood Meeting scheduled for your area. Name: Address: , � f Lr-- Phone: t, t 1 E-mail: Comments/Concerns/Questions: s . I YJ .r 7 -"4, ftr� Fed f '.l d IM o/. , Z , Page 27 of 38 i COMMENT FORM ° Oak Park Heights Street Reconstruction Project-2014 & 2015 Sta ntec Feel free to complete the following comment form and submit one of four ways: 1.) Email to Lucas Miller at lucal:m61ler2 @stantec,com 2.) Mail to Oak Park Heights City Hall at the address below: City of Oak Park Heights ATTN: Eric Johnson 14168 Oak Pork Blvd N. PO Box 2007 Oak Park Heights, MN 55082 3.) Submit in drop box at Oak Park Heights City Hall at front desk (see address above) 4.) Bring to On-Site Neighborhood Meeting scheduled for your area, Name: Address: Phone: _ ? — ` G E-mail: I Comments/Concerns/Questions: a i Page 28 of 38 FO WV Street Reconstruction Project - 2014 & 2015 Feel free to complete the following comment form and submit one of four ways: 1.) Email to Lucas Miller at 2.) Mail to Oak Park Heights City Hall at the address below: City of Oak Park Heights ATTN: Eric Johnson 14168 Oak Park Blvd N. PO Box 2007 Oak Park Heights, MN 55082 3.) Submit in drop box at Oak Park Heights City Hall at front desk (see address above) 4.) Bring to On-Site Neighborhood Meeting scheduled for your area. Name: Phone: 4_� ---- E-mail: � _ r JtYA 1` C rti Comments/Concerns/Questions: Page 29 of 38 . OM ENT FORM Street Reconstruction Project - 2014 & 2015 Feel free to complete the following comment form and submit one of four ways: 1.) Email to Lucas Miller at 2.) Mail to Oak Park Heights City Hall at the address below: City of Oak Park Heights ATTN: Eric Johnson 14168 Oak Park Blvd N. PO Box 2007 Oak Park Heights, MN 55082 3.) Submit in drop box at Oak Park Heights City Hall at front desk (see address above) 4.) Bring to On-Site Neighborhood Meeting scheduled for your area. Name: Address: Phone: E-mail: Comments/Concerns/Questions: Page 30 of 38 COMMENT FORM c`!y"f op Oak Park heights Street Reconstruction Project - 2014 & 2015 Feel free to complete the following comment form and submit one of four ways: 1.) Email to Lucas Miller at Iucas.miller2Cstantec.com 2.) Mail to Oak Park Heights City Hall at the address below: City of Oak Park Heights ATTN: Eric Johnson 14168 Oak Park Blvd N. PO Box 2007 Oak Park heights, MN 55082 3.) Submit in drop box at Oak Park Heights City Hall at front desk (see address above) 4.) Bring to On-Site Neighborhood Meeting scheduled for your area. Name: , Address: l-1r� a V-- I 'As k 14 -r5 + tiiti. _5 �C � Z Phone: a �{ ; +3 E-mail: }c' L �f IL°u S r t C • ` Comments/Concerns/Questions: Page 31 of 38 Oak Park Heights Street Reconstruction Project OIDD Concerns at: 6305 Peacan Ave. N. How do we get in and out of the neighborhood if Paris Ave. is under construction at the same time? If the reconstruction of Peacan includes a new five foot apron. . What happens to our mailbox and mail delivery? The inclined driveway will be unusable by a standard car. What happens to the current custom tinted sidewalk? What happens to the paver driveway? Can a new water line go under the sidewalk instead of tearing it out? Disruption of irrigation system. Page 32 of 38 01V(W C OM M FIAT FO RM Oak park Heights Street Reconstruction Project - 2014 & 2015 Feel free to complete the following comment form and submit one of four ways. 1.) Email to Lucas Miller at iucas.miller2 @stantec.com 2.) Mail to Oak Park Heights City Hall at the address below: Ciiy of Oak Park Heights ATTN: Eric Johnson 14168 Oak Park Blvd N. PCB Box 2007 Oak Park Heights, MN 55082 3.) Submit in drop box at Oak Park Heights City Hall at front desk (see address above) 4.) Bring to On-Site Neighborhood Meeting scheduled for your area. Name: i %l��'" V /L x! Lez Address: ;7 'zz iz'e' /- �! Phone: / — , �/ - �� E-mail: Ala r(z /I I C- r z)_ Cr" Q 60/27 __-- Comments/Concerns/Questions: C err Page 33 of 38 RESOLUTION NO. EXTRACT OF THE MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS,WASHINGTON COUNTY,MINNESOTA HELD NOVEMBER 6,2013 Pursuant to due call and notice therefor, a special meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at the Oak Park Heights City Hall in said municipality on the 6th day of November,2013, at 7:00 p.m. The following members were present: The following members were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS TO VARIOUS AREAS WITHIN THE CITY OF OAK PARK HEIGHTS,MINNESOTA,AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS BE IT RESOLVED by the City Council (the "Council") of the City of Oak Park Heights, Minnesota(the"City"),as follows: WHEREAS, on October 8, 2013, the Council authorized the holding of a public hearing (the "Hearing") under Minnesota Statutes, Chapter 429, as amended (the "Act"), to discuss and consider various street full reconstruction projects, including the installation of concrete curbing, and associated storm water infrastructure improvement and replacement(collectively,the"Improvements"), in and along portions of the following streets: 56th Street Circle, 56th Street North, Upper 55th Street North, Ozark Avenue North, Oren Avenue, Omaha Avenue North, Olene Avenue North, Olinda Avenue North, 58th Street North, 59th Street North, Osman Avenue North,Ozark Avenue North,Panama Avenue North, 65th Street North, 64th Street North, Upper 63rd Street North, 63rd Street North, 62nd Street North, Paris Avenue North, Paul Avenue North, Upper 61st Street North, Peabody Avenue North, Peacan Avenue North, Peller Avenue North, Penrose Avenue North, Penfield Avenue North, 57th Street North, Upper 56th Street North,Hillman Street,and Perkins Avenue North(collectively,the"Assessment Area"); and WHEREAS, also on October 8, 2013, the Council received a feasibility report on the Improvements from the City Engineer(the"Feasibility Report"), which report explored the feasibility and estimated costs to provide the Improvements under the Act;and WI=MREAS, the estimated costs of the Improvements, as detailed in the Feasibility Report, is $6,261,412, and will be financed from a combination of available City revenues and tax-exempt general obligation improvement bonds; and WHEREAS, the City is additionally proposing to construct water main improvements and sanitary sewer improvements in the Assessment Area, but at this time these improvements are not proposed to be assessed to benefiting properties, nor will they be financed through general obligation improvement bonds,so such improvements are not subject to the Hearing; and Page 34 of 38 WHEREAS, the Council has held neighborhood informational meetings throughout October, to give each neighborhood in the Assessment Areas a summary of the Improvements, and the necessity of such Improvements to the general overall health of the City;and WHEREAS, ten days' mailed notice and two weeks' published notice of the Hearing was given, as required by the Act,and the Hearing was held on the date hereof, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, a reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected parcels within the Assessment Area, has been made available for the Hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota,as follows: 1. The Improvements are necessary, cost-effective and feasible as detailed in the Feasibility Report. Specifically, the Improvements are necessary to update the City's street infrastructure system, as many streets were originally constructed more than 40 years ago, and contain pavement that has been continually patched, overlaid, seal coated, and slurry sealed, but now is in need of full reconstruction. The repair of associated aging storm water infrastructure concurrently with the street reconstruction is additionally recommended for project efficiency. Finally,the Improvements are feasible from an engineering standpoint. 2. The Improvements are hereby ordered. 3. The portion of the Improvements related to associated storm water infrastructure are instituted under the Act, and this portion of the Improvements can be more economically completed if consolidated and joined as one project with the Improvements, as allowed pursuant to Minnesota Statutes, Section 435.56, as amended. Therefore, all subsequent proceedings under the Act related to the Improvements shall be conducted in all respects as if the various separate proceedings had originally been instituted as one proceeding. The actions of City staff and consultants to consolidate the storm water infrastructure portion of the Improvements with the remainder of the Improvements are approved and ratified. 4. The Improvements have no relationship to the City's Comprehensive Plan. 5. Stantec, the City's engineering firm, is hereby designated as the engineer for the Improvements. The City Engineer shall prepare plans and specifications for the making of such Improvements, which plans and specifications shall be placed on file at the City upon completion. 6. The Council declares its official intent to reimburse itself for all or a portion of the costs of the Improvements from the proceeds of tax-exempt bonds. The City has a reasonable expectation that it will issue one or more series of tax-exempt bonds in the estimated maximum principal amount of $3,300,000 to finance the Improvements, and the City will make reimbursement allocations with respect to such original expenditures for the Improvements from the proceeds of the Bonds. Page 35 of 38 This Resolution is adopted by the City Council of the City of Oak Faris Heights, Minnesota, this 6th day of November, 2013. Mary McComber,Mayor ATTEST: Eric Johnson, City Administrator Page 36 of 38 f 5 Oak Park Heights Request for Council Action Meeting Date November 6`h, 2013 Time Required: 5 Minutes Agenda Item Title; Resolution Requesting the Installation of Additional Barrier Systems along the South Frontage Roadway. Agenda Placement New Business Originating DepartmentlRequestor Mayor Mary McComber Requester's Signature Action Requested See Below Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City Council to consider taking a more definitive perspective on the installation of certain guard rails or other barrier systems between the south frontage roadway and the now lower STH 36 (generally east of Osgood Ave and west of Stagecoach Ave_), as there is now a considerable slope between these two elevations. Would the Council consider adopting the enclosed resolution or perhaps something similar? Page 37 of 38 RESOLUTION A RESOLUTION ADVOCATING THE INSTALLATION OF ADDITIONAL VEHICLE SAFETY MEASURES—ALONG THE SOUTH FRONTAGE ROADWAY,EAST OF OSGOOD AVE AND WEST OF STAGECOACH AVE IN THE CITY OF OAK PARK HEIGHTS Whereas the construction of the new STH 36 roadway has resulted in high embankments and elevation changes between the STH 36 mainline and the south frontage roadway,and; Whereas the Minnesota Department of Transportation(the Department) does not as of this date intend to install any form of a vehicle barrier system that would more definitively separate traffic from these two roadways in the event of accident in which a vehicle could surmount the curb on the frontage road and travel down the slope into the oncoming traffic along STH 36,and; Whereas the City Council for the City of Oak Park Heights has requested that the Department reconsider the installation of some form of additional barriers separating the two roadways,and; Whereas the Department has subsequently indicated that the Department believes that the slopes and roadway design offer adequate protection from roll-over and crashes between cars from the south frontage road and STH36,and; Whereas the Department has stated that safety is its utmost concern, and; Whereas, despite this additional review and safety perspective by the Department, the City remains constant in its desire to see additional physical barriers between these two roadways and/or that would prevent a vehicle from traveling down the slopes along the north side of the south frontage roadway. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the City requests that the Department install additional barrier systems in the discussed area above so that in the event of an accident, vehicles would be better impeded from traversing down the embankment and into STH 36 traffic. BE IT FURTHER RESOLVED, that if the Department remains of the position that such additional systems are unnecessary and are excess safety precautions that it respond to the City stating as such in a letter form. Passed by the City Council for the City of Oak Park Heights this 6th day of November 2013 Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 38 of 38