Loading...
HomeMy WebLinkAbout11-26-2013 City Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, NOVEMBER 26, 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. 11. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award(1) 7:05 p.m. 111. 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—November 6, 2013 (2) C. Approve Fiscal Year 2014-2015 Budgets for Central St. Croix Valley Joint Cable Commission and Valley Access Channels (3) 7:10 p.m. V. Public Hearings A. Wellhead Protection Plan—Part 2 (4) 7:20 p.m. VI. Old Business A. St. Croix River Crossing Update B. Approve MNDOT— City Maintenance Agreement for Peabody Ave. (MNDOT Agreement 904210) (5) 7:30 p.m. VII. New Business A. Consider Amendment to City Ord. 401.15 M—Home Occupation (6) B. Application for Club on Sale Retail Liquor License from Greeder-Hinds-Comfort Post 323 d/b/a VFW Post 323 (7) C. 2014 City Council Meeting Dates (8) D. Consider Resolution on SCRCP—Vibrations and Noise Mitigations (9) E. Resolution Requesting the Installation of a Barrier System Along STH 95 —Along Pickett Pond (10) F. St. Croix River Crossing Coalition—Remaining Funds/Future Actions (11) 8:00 p.m. VIII. Other Council Items or Announcements Pagel of 58 Agenda November 26,2013 Page 2 8:05 p.m. IX. Closed Session A. Labor Negotiations (closed pursuant to MN Slat. 13.D.03) 8:20 p.m. X. Adjournment Page 2 of 58 i Oak Park Heights 1 Request for Council Action Meeting Date November 26, 2013 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Request r AdministrAtion/Jennifer Pinski Requester's Signature -- Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 58 City Of Oak Park Heiahts 14168 Oak Park Bfvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439.4439•Fax(851)439-0574 November 22, 2013 Patricia Henning 5676 Osgood Avenue North Oak Park Heights, MN 55082 Dear Ms. Henning; 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(s). Your residence was checked on Thursday, November 21, 2013, 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 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulatio Jeer Pinski Deputy Clerk TREE CITY U.S.A.. Page 4 of 58 l city of °j Oak ,Park Heights 14168 Oak Park Blvd. N.Box 2007.Oak Park Heights.MN 55082•Phone(651)439-4439•Fax(651)439-0574 November 22, 2013 David and Monique Vernon 14564 Upper 56th Street North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Vernon: 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(s). Your residence was checked on Thursday, November 21, 2013, 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 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! '-3en-intmif6r P i n s k i Deputy Clerk TREE CITY U.S.A. Page 5 of 58 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 6 of 58 r Oak Park Heights Request for Council Action 2 Meeting Date November 26, 2013 Agenda Item Approve City Council Minutes—November 6, 2013 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signatu Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 7 of 58 CITY OF OAK PARK HEIGHTS TUESDAY, NOVEMBER 6, 2013 CITY COUNCIL MEETING MINUTES 1. 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 Pratt, City Engineer Long, Finance Director Caruso, and Public Works Director Kegley. Absent: Councilmember Liljegren and City Planner Richards. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Agenda. 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 reminded councilmembers of the registration for the joint conference with Metro Cities. B. Councilmember Dougherty: No report C. Councilmember Liljegren: Absent D. Councilmember Runk: He reported that the Planning Commission's next meeting was November 14, and there would be continued discussion on the sign ordinance update. E. Councilmember Swenson: He reported that the Cable Commission meeting was set for November 7 regarding the budget. F. Staff: No report. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes--October 22, 2013 C. Approve Resolution Supporting Submission to the State of Minnesota for Funding in the Upcoming 2014 Bonding Bill—Land Acquisition D. St. Croix River Crossing Project—Parcel #19 Reconveyance to State Councilmember Runk, seconded by Councilmember Swenson, moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. Page 8 of 58 City Council Meeting Minutes November 6, 2013 Page 2 of 4 V. Public Hearings: A. Improvement Hearin- Street Reconstruction: Mayor McComber opened the Public Hearing. City Engineer Long, City Administrator Johnson, and Finance Director Caruso provided a PowerPoint presentation. Marilyn Richert, who owns property in Area E, stated that her property was non-homestead but was zoned R-1. She stated she did not think it was fair that her property would be assessed at the same rate as R-2, commercial, rentals, and multi-family residences. City Attorney Pratt clarified that the assessment was not based on zoning; it was based on homestead status. Rick Wells of 5857 Olinda Avenue North reported that he put in eight inches of concrete and ten inches of class 5 and sand for his driveway. He wanted it noted so that it could be matched when the contractor replaced the apron. City Engineer Long stated that they would attempt to avoid the driveway if they were able to. Wells also stated that he had a sprinkler system. City Administrator Johnson reported that the City could not ensure that the sprinkler heads would not be damaged. Wells stated he would mark the heads. Johnson stated that he should pull them back out of the right-of-way. Jerry Brown of 14525 61' Street Court North stated that his street already had nice pavement, a concrete curb, and no water line problems. He questioned if it was necessary to do that street. City Administrator Johnson responded that while doing improvements in the area, it would allow the opportunity to replace that street because it did have cracking and damaged curbing. Councilmember Swenson reported that the City would get a better price from contractors for a bigger project. Don Broman stated he would like the City to consider having Oren Avenue added. He wondered how they will access their businesses during construction. City Engineer Long stated that the streets would remain open for access. Broman stated he was also concerned about the frontage road. Long stated they would work with MNDOT on that. Brian Jones of 15331 58th Street North and 15357 58th Street North questioned what the cost of the project would be in other cities. Finance Director Caruso showed a PowerPoint slide comparing the cost of the same project in other cities in the area. Jones questioned if the City would be able to save more money if they waited another two years to do the project. City Administrator Johnson reviewed a PowerPoint slide Page 9 of 58 City Council Meeting Minutes November 6, 2013 Page 3 of 4 outlining the savings and inflation if the City decided to wait to do the project. David Beaudet of 6400 Lookout Trail questioned how the City was handling the City of Stillwater properties and asked the City to describe the appeals process. City Attorney Pratt described the procedures and stated they would be outlined in the Public Hearing Notice. Corrine Crea reported that she was paying sewer charges to Oak Park Heights and Stillwater. She stated she was not hooked up to Oak Park Heights. City Administrator Johnson stated he would investigate that. Councilmember Runk, seconded by Councilmember Swenson, moved to close the Public Hearing. Carried 4-0. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 4-0. VI. Old Business: A. St. Croix River Crossing Update: Mayor McComber reported that Stagecoach and the frontage road were closed. She stated there was a lot of cut-through traffic. She requested travelers avoid the area and use alternate routes. City Administrator Johnson reported that he had meetings with MNDOT and would consider to do so. He stated the City Council should have a worksession in the near future to discuss the frontage road realignment. City Engineer Long reported that MNDOT agreed with the City regarding the Oakgreen water main alignment but that the contractor did not. Mayor McComber, seconded by Councilmember Swenson, moved to set a worksession for 6:00 p.m. prior to the next City Council meeting to discuss those issues. Carried 4-0. VII. New Business: A. Resolution Requesting the Installation of Additional Barrier Systems Along the South Frontage Road: Councilmember Swenson questioned whether the City Council wanted to postpone this until the next meeting to have a discussion with MNDOT's engineer. Mayor McComber stated she would like something done sooner rather than later before the ground would freeze. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 4-0. Page 10 of 58 City Council Meeting Minutes November 6, 2013 Page 4 of 4 VIII. Other Council Items or Announcements Mayor McComber reported that she received information from the Minnesota Association of Small Cities. She stated she would direct City Administrator Johnson to put that information in Weekly Notes. Councilmember Runk questioned whether it was acceptable for cities to be members of local Chambers of Commerce. City Administrator Johnson stated he would research that. IX. Adjournment Councilmember Swenson, seconded by Councilmember Runk, moved to adjourn. at 8:48 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McCornber Deputy Clerk Mayor Page 11 of 58 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 12 of 58 3 Oak Park Heights Request for Council Action Meeting Date: November 26`k', 2013 Time Required: 1 Minute Agenda item Title: Approve Fiscal Year 2014-2015 Budgets for Central St Croix Valley Joint Cable Commission and Valle Access Channels Agenda Placement: Consew A xenda- Originating Department/Reques We J on City Administrator Requesters Signature r' Action Requested A rove Fiscal ear 2014-2015 Budgets for Central St. Croix Valley Joint Cable Co and Valley Access Channels. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): See attached budgets. Page 13 of 58 Valley Access Channels Operating & Capital Expenditure Budget Fiscal Year 2014 (February 1, 2014 — January 31, 2015) Revenue Commission Subsidies: PEG Fees 126,200 Franchise Fees 192,545 Interest Earnings 800 319,545 Lower Valley Funds 16,800 Tape Dub Reimbursements 10,000 834 School Dist. Reimbursement 3,500 Miscellaneous Reimbursements 1,000 Total Revenue $ 350,845 Expenses *Salaries (includes employer's FICA & PERA where applicable) Access Manager—40 hours/wk 61,600 Lead Facilities Coordinator—40 hourslwk 49,800 Facilities Coordinator—40 hourslwk 44,370 Facilities Coordinator—40 hours/wk 42,450 PT Access Associates— up to 20 hrs/wk. 19,000 Govt. Meetings & School Board Meetings 7,000 Freelance/Temp Employees 16,000 Total Salary Expense $240,220 Professional Services Accounting 4,000 Other Expenses Office Supplies ^ 1,000 Media Supplies * 3,000 Telephone 1,200 Rent & CAM 43,100 Gas & Electric 2,500 Premium Waters 150 Insurance/Bond 5,000 Medical Insurance 27,500 Dental insurance 3,000 Postage/Mtg/Conf/Dues 800 Maintenance/Repairs 4,000 Mileage, gas & car repairs 3,000 Internet for 6 months (split w/Commission 225 Page 14 of 58 Valley Access Channels — FY 2014 Budget— Page 2 Publicity 1,000 Misc/Facility/Office Furniture 7,000 Security Monitoring 350 Copy Machine Expense 800 Reserve Funds for Cities (Repair/Replace Equipment) 3,000 Total Expenses $ 350,845 A 2% COLA increase has been budgeted for this year. The tape dub revenues fund the Media Fund budget. I split the projected tape dub earnings between the Media Fund , the Miscellaneous Fund and freelance/part time staff.. Page 15 of 58 Central St. Croix Valley Joint Cable Communications Commission Operating & Capital Expenditure Budget Fiscal Year 2014 (February 1, 2014-- January 31, 2015) Revenue Franchise Fees 321,500 PEG Fees 126,200 Interest Earnings 500 Expense Reimbursements 1,000 Total Revenue $ 449,200 Expenses Salary (includes employer's FICA & PERA) Admin. Secretary (30 hr. week) 39,000 Professional Services Legal Fees 5,000 Accounting 4,000 FY 2013 Audit Expense 8,000 Franchise Renewal Expense 19,230 Other Expenses Office Supplies 800 Telephone 1,200 Postage 300 Maintenance/Repairs 100 Conf/Mtgs/Dues 1,500 Print/Publish 500 Insurance/Bond 5,000 Medical Insurance 11,000 Dental Insurance 700 Office Rent 21,600 Gas & Electric 2,500 Security System Monitoring 200 Photocopier Expenses 800 Possible Internet Expense, 6 months 225 (split with Valley Access Channels) Page 16 of 58 Cable Commission FY 2014 Budget— Page 2 Access Center Support 319,545 (PEG Fees 126,200; Franchise Fees 192,545; Interest Earnings 800) Miscellaneous Expenses 1,000 Valley Ridge Mall Christmas Event 200 Premium Waters 100 Reserve Funds Accounts Legal Contingency -0- Leasehold/Facility/Relocation -0- HVAC Maintenance/Repair -0- Security Fund -0- Capitol Revolving Fund -0- Payroll Expense Reserves _ 6,700 Total Expenses $ 449,200 A 2% COLA was budgeted for this year. Page 17 of 58 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 18 of 58 4 Oak Park Heights Request for Council Action Meeting Date November 26th 2013 Time Required: 5 Minutes Agenda Item Title: Hold Public hearing—Part 2—Wellhead Protection Plan. Agenda Placement Public hearings Originating Department/Re s or c Johnson City Administrator Requester's Signature Action Requested Please s below. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City is required to hold a public heariI on the City's Wellhead Protection Plan—Part 2. This hearing has been schedule for Nov 26 at 7:00 pm. The City Engineer will present a short report at the meeting and the Council should then open the floor for public comments. To date the City has not received any written comments. Please see the attached letter from Stantec, Mark Janovec. Assuming there are not problematic issues that arise,the City Council should consider adoption of this Part 2 document and forward to the MN Dept of Health . Page 19 of 58 Stantec Consulting Services Inc. ,.. 2335 Highway 36 West St. Paul MN 55113 Tel: (651)636-4600 Fax: (651)636-1311 Date: September 20, 2013 To: Keith Buttleman, Metropolitan Council Molly O'Rourke,Washington County Administrator Jay Riggs, Washington Conservation District Logan Martin, City of Bayport Kim Points, City of Grant Dean Zuleger, City of Lake Elmo Larry Hanson, City of Stillwater Connie Fredkove, Baytown Township Kathy Schmoeckel, Stillwater Township Karen Kill, Browns Creek Watershed District Mikael Isensee, Middle St. Croix Watershed Management Organization Dave Bucheck,Valley Branch Watershed District Robyn Hoerr, Minnesota Rural Water Association John Freitag, Minnesota Department of Health Trudi Witkowski, Minnesota Department of Health Re: Public Hearing Date Change, Part 2 Wellhead Protection Plan, City of Oak Park Heights On behalf of the City of Oak Park Heights, we recently supplied you with a draft copy of the City's Part 2 Wellhead Protection Plan for your review. With that submittal, we notified you that Oak Park Heights was schedated have a public hearing to review the draft plan and to solicit comments from the general public.,Th�Teffer is Eyeing-sent to n�utify you that the date of the public hearing has been changed from Tuesday, November 1kf6 Tuesday, November 26.,Ttie public hearing will be held as part of the regular City Council meeting at 7pm at City Hatt-(1416$nali rk Boulevard North). If you wish to attend and provide your comments at that time,you are invited to do so. If you have any written comments regarding the draft Part 2 Wellhead Protection Plan, please p ovide your written comments no later than November 22,2013. Please use this address when providing comment Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082-2007 �I�Q � If you did not receive our earlier correspondence, dated September 9,that contained the draft Part 2 Wellhead Protection Plan, please contact Mark Janovec at(651)604-4831 to obtain a copy of the draft plan. Thank you for your assistance with the City of Oak Park Heights'wellhead protection efforts. Sincerely, Stantec Consulting Services, Inc. Mark Janovec, PG Project Manager 651-604-4831 Cc: Eric Johnson, City of Oak Park Heights Andrew Kegley, City of Oak Park Heights Page 20 of 58 AFFIDAVIT OF PUBLICATION City of Oak Park Heights (olticial FubCcation) STATE 01:M INN FSOTA 1 a� Notice of Public Hearing CQllN"I`1' OF fir:iSI!]NG"I'()N TI7o City of Oak Park Heights is providing notice that a public hearing will he held on Tuesday. ldovember 26, 2013 to review the drall Part 2 NeW,,,ead Protection Plan.This publ,c hearing:volt be held at 7=prn at City Charlene Vold 11cin,club' SU't�Ctl V[] .s11 O:ltl1. Hall(141611 Oak Park Boulevard North)as par of.he regular City Council shales or affirms that thc% are [lie:Atrtliorizvo meeting. Agent of the nc\ spapert 1 knomi its: The 4':alli:ead?rn!cction Plan is des fined to continue the city's efforts to prc-:cnt tiuntjn-causutl contarnination from entering ti:e municipal water Stillkvmcr Ga,,ctte scpply wells The plan Identifies of the area of the groundwater aquifer that sirp,uLes wale•to the City's':ells over a 10-year period.Based an the level of vulmvrablfdy of the aquifer vrabin Iris area,potential sources of ccntan,i- alld 1111S 11111 knc)w led of the I'acts stmcd nat on'.ere identified and a management plan was created fcr Ibis area. below: Ccnlact the Cmy of Oak Park He,ghis for questions-631-439-:439 IA)The ncX+'Sparer has complied with Al oC the requirements constituling dualitictt- 10;23'13.52,Pan 2 ti':et;h^_ad Protection Plan tion as a qualified nets spar,r its provided by Mitin. Stat. §311A.117. anc] tallies applicablc kovs as amended. (K)This Public Noticc was prinicd and pub- lished in said rins-spaper(SI for I succes- SIVC issueS: the first inscrtion bckw ()n 101231_013 and the Iasi insertion bci�nR on 10123/201 3. Bv A111hurized Agent Subscribed and sworn to or atlirmccl bel'orr me on 10/23/2013• Nolaty V,A ii. Raic li limmoion- (I)Lowest classified mtc 11 rid by conuttcreial users for comparahle ipacc, 540.00 per column inch Ad 11)44O.S9 Page 21 of 58 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 22 of 58 Oak Park Heights Request for Council Action 5 Meeting Date Nov 26th 2013 Time Required: 5 Minutes Agenda Item Title: Approve DOT i Min n nc A ern nt for P o Ave. (MNDOT Agreement# 04210) Agenda Placement Old Busines Originating Department/Req r Eri , son CAY Administrator Requester's Signature r,` Action Requested_ . _A prove re Iution-- See Attached. Background/Justification (Pleas indicate if any previous action has been taken or if other public bodies have advised): As part of the commitments made between the City and MNDOT in order to re-establish Peabody Ave, from Upper 6I st Street to Lookout Trail, the City did agree to take over the maintenance of such roadway once reconstructed by the State of Minnesota. As such, those commitments have been incorporated into the enclosed between the City and MNDOT. The City Attorney's office has reviewed the document as has approved the content. Staff does recommend approval as it is consistent with the discussions to date and that such approval be performed via resolution as attached. Page 23 of 58 RESOLUTION A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY AND THE STATE OF MINNESOTA FOR MAINTENANCE OF PEABODY AVE BETWEEN LOOKOUT TRAIL AND THE CURRENT TERMINUS OF PEABODY AVE. WHERAS part of the commitments made between the City and MNDOT in order to re-establish Peabody Ave, from Upper 61' Street to Lookout Trail, the City did agree to take over the maintenance of such roadway once reconstructed by the State of Minnesota. IT IS RESOLVED that the City of Oak Park Heights enter into MnDOT Agreement No. 04210 with the State of Minnesota, Department of Transportation for the following purposes: To provide maintenance for Peabody Avenue within the corporate limits of the City of Oak Park Heights upon the terms and conditions set forth in the Agreement= -Affixed hereto as "Exhibit A"to Resolution IT IS FURTHER RESOLVED that the City of Oak Park Heights Mayor, Mary McComber, and the City Administrator,Eric Johnson are authorized to execute the Agreement.. Passed by the City Council for the City of Oak Park Heights this 26d' day of November,2013 By Order of the City Council Mary McComber,Mayor ATTEST: Eric A.Johnson City Administrator CERTIFICATION State of Minnesota City of Oak Park Heights I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Oak Park Heights at an authorized meeting held on the day of , 2013, as shown by the minutes of the meeting in my possession. (Signature) (Type or Print Name) (Title) Page 24 of 58 MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT PREPARED BY MnDOT METRO DISTRICT AGREEMENT NO. MAINTENANCE OPERATIONS 042110 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF OAK PARK HEIGHTS FOR Maintenance of Grading and Pavement, Signage, and Drainage features installed as part of the Peabody Avenue connection with lookout Trail. THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the"State" and the City of Oak Park Heights, Minnesota, acting by and through its City Council, hereinafter referred to as the"City". Page 25 of 58 MnDOT Agreement No. 04210 WHEREAS, MnDOT will complete construction on a Peabody Avenue to Lookout Trail connection within the City limits including grading, paving, signing and culvert installation, in accordance with State prepared plans, specifications, and provisions, for which the construction project had been designated State Project No. 8214-114AJ; and WHEREAS, the City has requested the modification of Peabody Avenue be completed by the State and the State is willing to make such modification provided that certain features are maintained by the City; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to the maintenance of the Peabody Avenue connection upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS I. GENERAL PROVISIONS A. Upon satisfactory completion of the roadway facilities construction to be performed within the corporate City limits under the construction contract for this specified project, the City shall provide for the proper maintenance of the"Peabody Avenue connection", being that section of PeabodV Ave located between Upper 615 Street and Lookout trial within the City of Oak Park Heights"without cost and expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, resurfacing and replacement, and striping, all to be performed in accordance with the City's standard practices for such work. B. Upon satisfactory completion of the signing installation to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of all signs (stop, chevrons, etc.) located on the"Peabody Avenue connection" without cost and expense to the State. Maintenance includes, but is not limited to, repair, graffiti removal and replacement, all to be performed in accordance with the City's standard practices for such work and in accordance with the Minnesota Manual on Uniform Traffic Control Devices. C. Upon satisfactory completion of the drainage facilities under and adjacent to the"Peabody Avenue connection" within the corporate City limits under the construction contract, the City shall provide for the proper drainage maintenance without cost or expense to the State. Maintenance includes, but is not limited to: removal of sediment, debris, vegetation and ice from structures, repair of minor erosion problems, and structure, grate, pipe repair, rip rap, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, restricted flow, sedimentation or accelerated deterioration of the "Peabody Avenue connection" facilities in accordance with established City maintenance practices. D. City shall provide for proper maintenance of landscaping, trees, grass, and other vegetation immediately adjacent to the"Peabody Avenue connection" (within the public right of way), (not including the Historic Lookout property lying to the north and East of the ) "Peabody Avenue connection" which includes but its not limited to mowing, trimming, replacement, and litter and debris collection and disposal, all to be performed in accordance with the City's standard practices for such work. E. The geographic limits of the Peabody Avenue connection covered by this Agreement are depicted in Exhibit A, which is attached and incorporated into this Agreement. F. The City shall be solely responsible for any liability claims arising from the City's performance of, or failure to perform, the City's maintenance obligations under this Agreement. The State shall October 30, 2013 Page 1 of 4 Page 26 of 58 MnDOT Agreement No. 04210 have no responsibility for any act or omission of the City in carrying out, or failing to carry out, its maintenance responsibilities under this Agreement. G. If either party needs to modify the roadway, drainage or signing, the State and City will discuss those modifications and, if needed, enter into one or more new agreement(s) covering the construction and maintenance of the modified features. II. CONSIDERATION AND TERMS OF PAYMENT The City agrees to maintain and operate the items described in this agreement in sections I.A-I.D as City responsibilities, without cost or expense to the State, in consideration of the State permitting construction of the connection of Peabody Avenue to Lookout Trail, drainage and signing on trunk highway right-of-way. III. TERM OF AGREEMENT This Agreement will be in effect until superseded by another agreement between State and City or until such time that the Peabody Avenue roadway, drainage and signing is removed. IV. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Beverly Farraher, Assistant District Engineer- Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113, (651) 234-7901, or her successor. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Eric Johnson, City Administrator, City of Oak Park Heights, 14168 Oak Park Blvd. N, Oak Park Heights, MN 55082, (651) 439-4439, or his successor. V. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by any party with additional parties for the performance of any work to be done under this Agreement will be made in accordance with the terms of this Agreement and comply with State of Minnesota law. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highway covered under this Agreement. VI. MERGER/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. VII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any October 30, 2013 Page 2 of 4 Page 27 of 58 MnDOT Agreement No. 04210 reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and other applicable law, and liability of City will be governed by Minnesota Statutes Chapter 466 and other applicable law. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VIII. WORKERS COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. IX. CIVIL RIGHTS The City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, will be subject to examination by the MnDOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for a minimum of six years. XI. GOVERNING LAW: JURISDICTION; VENUE Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Washington County, Minnesota. XI I. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. XIII.AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be approved by a City of Oak Park Heights City Council resolution, and be executed by State and City officers as provided by law. [The remainder of this page has been intentionally left blank] October 30, 2013 Page 3 of 4 Page 28 of 58 MnDOT Agreement No. 04210 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPARTMENT OF TRANSPORTATION CITY OF OAK PARK HEIGHTS, MINNESOTA Recommended for Approval: By Assistant District Engineer— Metro Mayor Date District Maintenance City Administrator Date Date Recommended for Approval: Approved COMMISSIONER OF TRANSPORTATION Public Works Director Date By Metro District Authorized Signature Date Approved as to form: COMMISSIONER OF ADMINISTRATION City Attorney Date By Authorized Signature Date October 30, 2013 Page 4 of 4 Page 29 of 58 Exhibit A: � City Maintenance I � HISTORIC SITE CONSERVATION ZONE LINE , ~,, NATIONAL REGISTER . ' ELIGIBLE PROPERTY LINF � d fI �k tPEABOOY ri P 3" BITUMINOUS WEAR � 4 t 6,. AGO BASE CLASS 5 r RANDOM RIPRAP CULVERT � ,� CLASS IV � •� PROTECTION " r 40 LF 15" RCP f *I TH APRONS 4 2) 1 r f 63} a--- �� L�� 811• � PREL1dIN.hRY CONSTRUCTION LIMIT w r NATIONAL, REGISTER � ELIGIBLE PRORERT� LINE x r4Fr,r.....wswwaww+rr.w.. waMrarar ar w+ew: rr.r,awaasw wrww ARM�!� rr HISTORIC SITE CONSERVATION rk'f ZC*,'E LINE REUOvE EMERGENCY f VEHICLE TURNAROUND �` r RANDOM RIPRAP � f CL IV i 50 SCALE IN iMwr r.r w }"wtrwtfRS. i w'"1Wfrwww wrw.•.+,r±w 'f�llM�r.rrlfs.wa1 ww ROTE= TOTAL AREA OF IMPACT = 12.185 SF a USE RAPID STABILIZATION LIE:THOO A ALONG ALL SLOPES USE FILTER LOU TYPE COMPOST FOR ALL PERIMETER CONTROL � AREA OF IMPACT WITHIV NATIONAL PROVIDE FENCE FOR TREE PROTECTION *HER, NEED EO ��°z REGISTER ELIGIBLE PR71PEATY 6,57Q SF 5ftr +,.7F'146n+ndti 1. t CgnS+:tn�i ra r,}fy r+,an np rqn rah k rr a nary, 5 ry'+. rcY'i+;'4 .4 4412.f9 eaEcC.-7 GrW1k�.dV' :: a 6J3f7t'717 Page 30 of 58 6 Oak Park Heights Request for Council Action Meeting Date November 26"', 2013 Time Required: 5 Minutes Agenda Item Title: Consider Amendment to City Ord. 401.15 M—Home Occupations Agenda Placement New Business Originating Department/Req tor/ E 'c /nn, nson Qijy 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): Please see the attached memo from Scott Richards dated 11120113. Page 31 of 58 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCO2LPiannin9Cc.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: November 20, 2013 RE: Oak Park Heights — Home Occupation Standards — Potential Amendments TPC FILE: 802 Background As you are aware, Sarah Bell has proposed a home occupation for a cosmetology salon at her residence located at 13930 55th Street North. The criteria within Section 401.15.M of the Zoning Ordinance specifies that this type of home occupation is a Special Home Occupation requiring a conditional use permit. Ms. Bell has applied for the conditional use permit and supplied the necessary fees and materials for the review. In reviewing the Zoning Ordinance, Staff has noticed an issue in the language related to requirements for Special Home Occupations. It does not allow for the general public to come to the premises pertaining to the conduct of the home occupation (See 401.15 M. 3.113.2 - attached)(') As a result, clients could not come to Ms. Bell's house for services. This was not the original intent of the Ordinance when it was amended in 1998. A Special Home Occupation was created to allow a more intensive type of home business where the general public, on a limited basis, could come to a residence. Because a Special Home Occupation requires a conditional use permit, reasonable conditions can be placed on this type of request so that there is no burden placed on the neighborhood. The minor change in language would be a new project making it necessary for the City Council to review a work program and estimated costs before the project commences. Please find as follows a work program and estimated costs for this project. If the City Council would like City Staff to proceed with Ordinance amendment, it should authorize the study and the expenses for the Planning Consultant. if the City Council does not wish to revise the Ordinance at this time, the project should not be authorized or funded. Page 32 of 58 Work Program and Estimated Costs If the work is authorized by the City Council, a public hearing would be scheduled for the December 12, 2013 Planning Commission meeting. The public hearing for the conditional use permit would occur at the same meeting. If the Ordinance amendment and conditional use permit is recommended by the Planning Commission, the City Council would review both requests at their December 26, 2013 meeting. The Ordinance amendment could be completed for less than $1,000.00. The above total is a not to exceed fee and includes all mileage and attendance at meetings. City Council Action The City Council should determine if the Special Home Occupation section of the Zoning Ordinance should be changed to allow the public to come to a residence for the purposes pertaining to the conduct of the home occupation. The Ordinance Amendment could be completed for a not to exceed fee of$1,000.00. (1) This reference was added by E. Johnson 2 Page 33 of 58 Sexually oriented use-principal activities, as defined by this Ordinance, sh be classified as one use. No two sexually oriented uses-principal shall. or ated in the same building or upon the same property. F' M.. 4. Sexually ' Tented Uses-Accessory a. Sexual oriented use-accessory shall: 1) Com ;rise no more than ten percent (10%) of tare floor area of the establigt,ment in which it is located. 2) Comprise rrb,..`more than twenty percent (20%) of the gross receipts of the entire budr?ess operation. 3) Not involved or a1%lude any activity except the sale or rental of merchandise. b. Sexually oriented use-accessoi ,shall be restricted from and prohibit access to persons under the age of eigfi , n (18) by the physical separation of such items from areas of general public access: 1) Movie Rentals. Display areas sll be restricted from general view and shall be located within a separate room, the access of which is in clear view and log the control of the.persons responsible for the operation pebontrolled in some other effective manner which meets with the, proval of the Zoning Administrate. 2) Mac, tines. Publications classified or qualifying ,.ps sexually oriented uses shall not be accessible to persons under the_*of eighteen (18) ;wind shall be covered with a wrapper or other means to prevent display of any material other than the publication title. J3 Other Use. Sexually oriented use-accessory not speci#olly cited shall comply with the intent of this section subject to the ap*R,val of the Zoning Administrator. , C. Sexually oriented use-accessory activities shall be prohibited at any pub show, movie, caravan, circus, carnival, theatrical or other performance or exhibition resented to the eneral ublic where minors are admitted. 401.15.M. Home Occupations. 1. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to 15-86 Page 34 of 58 provide a mechanism enabling the distinction between permitted home occupations and special or customarily more sensitive' home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. 2, Procedures and Permits. 2 a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structures). The permitted home occupation shall require a "permitted home occupation permit". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the"permitted home occupation permit"shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. b. Specials Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for reviewed and disposed on in accordance with the procedural provisions of a conditional use permit found in Section 401.03 of this Ordinance. C. Declaration of Conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed 15-87 Page 35 of 58 with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. 2 f. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six(6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four-fifths (415) vote of the City Council. 3. Requirement-General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6) The home occupation shall meet all applicable fire and building codes. 12 T) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 15-88 Page 36 of 58 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. b. Requirements-Permitted Home Occupations. 1} No person other than those who customarily reside on the premises shall be employed. The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling, excluding attached garage space, and may not be conducted in an accessory building. C. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. ' 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above, but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 4. Non-Conforming Use. Existing home occupations lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this Section. 15-89 Page 37 of 58 5. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. 1. Purpose. The regulation of day care nursery facilities in these zoning regulat' : s is establish standards and procedures by which day care facilities can be co ucted in the City without jeopardizing the health, safety and general wele of the da are participants and/or the surrounding neighborhood. TFVs Section estab es the City's minimum requirements for the establishment-6f a day care facility wich are not defined as permitted uses by State Statute or which are operated �uses other than single family homes. Day care facilities other than those define8i permitted uses by State Statutes which operate in a single family dwelling as a6'�-;accessory use shall be subject to Section 401.15.M. of this Ordinance and pr'Ocessed as a home occupation. AV 2. Application. Day care:nursery facilities which are no/in dy permitted uses in the zoning district shall be considered conditional uses l the zoning districts and shall be subject to the regulations and requirements of Section 401.03 of this Ordinance. In addition to th Zity regulation, ail day care facility operations shall comply with the minimum requirements of the`Minnesota Department of Welfare regulations, as may be amended.- 3. Declaration of Conditions. The Planing Commission and City Council may impose such conditions on the granting of°,a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this Section. 4. Site Plan Drawing Necessary. All applications.for a day care facility conditional use permit shall be accompanied by a site plan drawn to scale and dimensioned, displaying the information required by Section 401.03.0.3. of this Ordinance. 5. General Provisions. a. Day care facilities shall be allowed as a principal use or'as an accessory use, provided that the day care facilities meet all the applicabl6-provisions of this section. b. The proposed site for a day care facility as a principal use shall have a minimum lot area as determined by the Minnesota Department of°41(elfare. fire City Council may increase the required lot area in those cases mere such an increase is considered necessary to ensure compatibility of actin s �w and maintain the public health, safety and general welfare. The day c _' ha4.meet4,he.setback requirements of the respective Zoning!dis 15-90 Page 38 of 58 Oak Park Heights Request for Council Action Meeting Date November 26, 2413 Agenda Item Application for Club On Sale Retail Liquor License from Greeder-Hinds-Comfort Post 323 d/b/a VFW Post 323 Tune Req. 0 Agenda Placement New Business Originating Department/Requestor ministration/Jennifer Pinski r Requester's Signature Action Requested Review Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Greeder-Hinds-Comfort Post 323 d/b/a VFW Post 323, located at 5880 Omaha Avenue North, is applying to the State of Minnesota for a Club On Sale Retail Liquor License. The State of Minnesota gives final approval of Club Licenses, but requires approval by the City. To qualify for a license, a club must have at least fifty members, be in continuous existence for at least three years, have an elected governing board, and limit sales to members and bona fide guests only. The annual license fee for a Club License is set by Minnesota Statute. Based on the statements in their application (a copy of which is attached), I recommend approval. Approval should be conditioned on passage of a criminal background check to be conducted by the Oak Park Heights Police Department. Page 39 of 58 Print Form Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar St., Suite 222, St. Paul, MN 55101-5133 (651)2C 1-7507 FAX(651)297-5259 TTY (651)282-6555 i/VWW DPS.STATE.MN.US APPLICATION FOR CLUB ON SALE RETAIL LIQUOR LICENSE An officer of the club seeking a license shall complete this application. This application and the proof of liquor liability insurance must be filed with the city cleric or the county auditor. To qualify for a license a club must have at least fifty members, bee n in continuous existence for at least three years, have an elected governing board and limit sales to members and bona fide guests only. The annual license fee is set by statute(M-S. 340A.408). Granting of a license by the city or county is discretionary. Workers Compensation Insurance CompanyEmoloyers Preferred Ins.Co. policy#EIG-1 278751-01 Licensee's MN Sales and Use Tax ID Number8881882 To apply for MN sales and use tax number call(651)296-6181 Licensee's Federal Tax ID # =�✓i ' C� > ' <" " Corporation Name Club Trade Name or DBA �Greeder-Hinds-Comfort Past 323 VFW Post 323 License Location(Street Address) License Period Business Phone 5880 Omb.a Ave N FROM 1-1-2014 TO 12-31-2014 ( 651 )430-1.166 Municipality County S Late Zip Code Oak Park Heights Washington Minnesota 55082-6330 Building Owner's Name Building Owner's Address Greeder-Hinds-Comfort Co. 5880 Omaha Ave N Oak Park Heights,MN 55082 Are there any delinquent Club Managers Name taxes on the property? El Yes []No James LeRoy Wright Name of Member of Managing Board DOB Social Socurity# Address David R.Carlson 6-13-42 1057 McKusick Rd Ln N Stillwater,MN 55082 Name of Member of Managing Board DOB Social Security# Address Robert H.Laiti 5-14-32 586 Central Ave Bayport,MN 55003 Name of Member of Managing Board DOB Social Security# Address Eugene D.Bartkey 3-18-44 1882 Swenson St Stillwater,MN 55082 lvame of itffLruber of AParragrng Board DOB Scciat Security# . Address Rudy G.Kohler 6-5-44 16178 1 st St N Lakeland,MN 55043 The Licensee must have one of the following: CHECK ONE (DA. Liquor Liability Insurance (Dram Shop)-$50,000 per person: $100,000 more than one person: $10,000 property destruction: $50,000 and$1130,000 for toss of means of support. ATTACH "CERTIFICATE OF INSURANCE"TO THIS FORM OR `13. A Surety bond from a surety company with minimum coverage as specified above in A. OR OC. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of$100,000 or$100.000 in cash or securities. Give Date of drib charter Cate of Incorporation Number o,`fears of 1F Veterans or Fraternal Continuous Existence of the Club Organization Feb. 1 st, 1920 Feb.21 st, 1947 93 Number of Years in Number of Club Will the Club be issued a Lawful Gambling Current Quarters 40 Past 323 Veterans of Foreign Wars License? []YES 0140 Page 40 of 58 Yes ®No 1. Are any members, officer, agents or employees paid profits from the sale of beverages to club members? X Yes[]No 2. Are any employees paid salaries? YesEjlmo 3. Has applicant, partners, officers or employees ever had any liquor law violations in Minnesota or elsewhere? If yes, give names, dates, and final outcome. Yes[X]No 4. Does any wholesaler or manufacture of alcoholic beverages own or have any interest in furniture, fixtures or equipment for the licensed premises? If yes, give details. Yes[RNo 5. During the past license year, has a Summons been issued under the Liquor Civil Liability Law(Dram Shop) M.S. 340A.802? If yes, attach a copy of the Summons. ❑X Yes[]No 6, VWl11 you serve liquor on Sunday? Amount of Sunday License Fee$200.00 I certify that I have read the above questions and that the answers are true and correct of my own knowledge. Mature of Applicant Date IF LICENSE ISSUED BY THE COUNTY BOARD: REPORT OF COUNTY AT T ORNEY X YeSE].No !certify that to the best of my knoMadge the applicants named above are eligible to be licensed. If no, state reason. Signature County Attorney County Date REPORT BY POLICE DEPARTMENT OR SHERIFF'S OFFICE This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, or Municipal Ordinances relating to Intoxicating Liquor, except s follows: Police Department or Sheriffs Name Title Signature LICENSE APPROVAL OR DENIAL LICENSE APPROVAL OR DENIAL License Granted :._ Denied License Granted i Denied Signature City Clerk or County Auditor Date Signature Director Alcohol & Gambling Enforcement Date -NOTWE A.90.00 serA ice chargge will he added to all dishonored checks. You may also he suhiected to a civil penaltc of S11141.00 or 100%of the value of the check, whichever is gutter_plus interest and attorneys fees. 4IS 604.113 ALL RETAIL LIQUOR LICENSEES MUST REGISTER WITH THE ALCOHOL, TOBACCO TAX AND TRADE BUREAU. FOR INFORMATION CALL(513)684-2979 OR 1-800-937-8864 Page 41 of 58 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 42 of 58 u r City of Oak Pa rk Heights 14168 Oak Park Blvd. N• x 2007•Qak Park Heights,WN 55082•Phone(651)439.4439•Fax(651)439-0574 8 Meeting Date November 26, 2013 Agenda Item 2014 City Council Meeting Dates Time Req. 5 Agenda Placement New Business Originating Department/Requestor Ad iistration/Jennifer Pinski Requester's Signature Action Requested Review dates and make any necessary changes Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). The City of Oak Park Heights staff is putting together a 2014 calendar of dates for distribution to City residents. As part of that, we would like to include the 2014 regular City Council meeting dates. On the back of this sheet you will find a list of regular meeting dates for the City Council based on the schedule of the second and fourth Tuesday of each month. There are a few conflicts and dates to consider: Tuesday, August 12 is Primary Election Day. State law does not allow any public meetings to be held during polling hours which are 7:00 a.m. to 8:00 p.m. Tuesday, November I 1 is Veteran's Day and city offices are closed in observance of that holiday. The General Election is Tuesday,November 5, and we will need to have a hearing soon after to canvass the election results. The National League of Cities Conference is November 18 —21. If multiple City Councilmembers will be absent to attend that conference,there may be lack of a quorum at the November 18 meeting.. Please review the list and make any necessary changes. TREE CITY U.S.A. Page 43 of 58 City Of +.LL Oak rwkdrlei,ghtS CIL MEETING DATES 14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 January 14 January 28 February 11 February 25 March I I March 25 April 8 April 22 May 13 May 27 June 10 June 24 July 8 July 22 August 12 August 26 September 9 September 23 October 14 October 28 November 11 November 18 December 9 December 23 TREE CITY U.S.A. Page 44 of 58 9 Oak Park Heights Request for Council Action Meeting Date November 26h, 2013 Time Required: 5 Minutes Agenda Item Title: Consider Resolution on SCRCP —Vibrations and Noise Miti Rations Agenda Placement Public hearings Originating Department/Requestor Mayor Mary MCComber Requester's Signature Action Requested Please 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 the enclosed resolution requesting that the Department of Transportation endeavor to engage the local area residents adjacent to the Bridge Project that are being impacted by noise and vibrations to ensure there are not any undocumented home damages and to work with these property owners to address any other issues. Page 45 of 58 RESOLUTION A RESOLUTION ESTABLISHING THAT THE ST.CROIX RIVER CROISSING PROJECT HAS PRODUCED SUBSTANTIAL VIBRATIONS IMPACTING AREA NEIGHBORHOODS FOR WHICH SOLUTIONS AND DATA FROM THE STATE OF MINNESOTA ARE REQUESTED. Whereas the St. Croix River Crossing Project, ("the Project") has commenced in earnest in 2013 with substantial earth movement, demolition, rock crushing, etc. typically anticipated to facilitate the construction of roadways,bridges and other anticipated elements,and; Whereas in prior years and throughout the planning process for this project and again on June 3 2013, the City has expressed concerns about the noise and vibrations that may impact the area homes and businesses as this construction proceeds which included requesting that the State of Minnesota expand the preliminary testing for home damages to 1,000 feet (beyond the State's identified 150 feet from construction activities and 300 feet from pile driving activities) from the Project as the City anticipated more vibrations and disruption than possibly considered by the State of Minnesota, and; Whereas the City does understand that the construction must continue at a given pace implementing industry utilized construction methodologies for this project, the State of Minnesota does however have an obligation to consistently review its scope, actions and impacts of its work upon adjacent neighborhoods surrounding the construction and should provide interim data, in a clear and concise summarized format to the general public on a regular basis to address public concerns and provide an opportunity to mitigate damages if any, and; Whereas, in consideration for the significant localized disruption to the abutting neighborhoods, the State of Minnesota has an after-the-fact obligation to review and address all good-faith claims presented to the State for noise and/or vibration damages and remediate substantive damages that may have occurred due to the construction of the Project even outside of the State's distance limits. NOW THEREFORE BE IT RESOLVED that the City Council for the City of Oak Park heights does request that the State of Minnesota hold a community meeting with area residents and business who believe their properties have been physically impacted by noise and vibrations due to the Project; and, BE IT FURTHER RESOLVED that the City does request that the State make good-faith evaluations of any such property so negatively impacted so as to establish facts and additional baseline data as soon as possible so that facts on impacts can be determined now and causes and solutions be readily identified. Passed by the City Council of the City of Oak Park Heights this day of 2013. Mary McComber, Mayor Attest: Eric Johnson, City Administrator Page 46 of 58 Eric Johnson From: Eric Johnson Sent: Monday,June 03, 2013 11:42 AM To: Chiglo,Jon (DOT) (jon.chiglo @state.mn.us) Subject: RE: St. Croix Crossing Pre-Condition Survey Letters 6/3/13 Jon, The City is aware that the testing is limited to 300' from the impacted area, which is roughly only a few houses south of beach road. I have been asked why only 300' feet and if there a way to expand this 300' area perhaps to 1,000'? If so, what would be the cost per home for such review. .. I would guess it would add about 20 homes+/-. Perhaps the City Council would be willing to split the costs for such expansion if possible? Thanks eric From: Joy Miciano [m ilto:.jmicianoCazanassoc.com] Sent: Wednesday, May 29, 2013 3:48 PM To: Eric Johnson Cc: McFarland Brooks, Mary (DOT); Jason Block; Alex Cloutier Subject: St. Croix Crossing Pre-Condition Survey Letters Hello Eric, As I mentioned on the phone, attached are copies of the letters that Ames/Lunda Joint Venture, the contractor for the St. Croix Crossing Approaches Project, are sending out to 12 Oak Park Heights residences near the south frontage road, just west of Hwy 95 and east of Osgood Ave, and one business owner(Phil and Tara's Hideaway). The letters are to notify residents and business owners that the contractor is offering Pre-Condition Surveys of their residence/building prior to construction activity beginning. The construction activity that may impact this first batch of residents and business is anticipated to begin the week of June 10. We are providing you a copy of the letters in case any of the residents or business owners calls the city with questions. If you do receive any calls, please direct them to contact us via the St. Croix Crossing Project Hotline: 1-855-GO CROIX (1-855-462-7649). We are hoping to conduct the pre-condition survey with all residences and businesses east of Osgood Ave over the next few weeks, so we will notify you when additional letters are sent out to Oak Park Heights residents/businesses. Residences and businesses between Osgood Ave and Oakgreen Ave/Greeley St will be offered a precondition surveys later this year. In addition, we are holding an informational meeting for residences and businesses that may be impacted by vibrations on Tuesday, June 18 from 6 pm to 8 pm at the St. Croix Project Office, 1862 Greeley St, Stillwater. If you have any questions, please let me know. Thanks, Joy 1 Page 47 of 58 Joy R. Miciano Public Information Coordinator AmesfLunda Joint Venture St. Croix Crossing: Minnesota Approaches Project Office/Cell: 612.423.5993 irniciano .zanassoc com For more information about the St Croix Crossing Project. Webslte: www.rnndot.ciov/stcroixcrossinqi Hotline: 1-855-GO CROIX(1-855-462-7649) Email: stcroixcrossing.dot(a7state.mn.us Project Office: 1862 Greeley Street S, Stillwater, MN z Page 48 of 58 City of Oak Park Heights 14168 Oak Park Blvd. N+Sox 2007.Oak Park Heights,MN 55082+Phone(651)439-4439•Fax(651)439-0574 7-29-13 Ms. Pam Patrick 15365 56h street N Oak Park Heights, MN 55082 RE: Precondition surveys Dear Pam: Mayor McComber mentioned to me that you had a concern as to the limits MNDOT selected to perform precondition surveys of homes prior to commencing the Bridge Project. The City also expressed this concern asking MNDOT on June 3`d, 2013 to expand the radius to perhaps 1,000 feet which would then have encompassed many more homes as well as yours. Unfortunately, MNDOT did decline to perform this additional testing citing the limitations from the US Bureau of Mines. I have enclosed MNDOT's letter from their testing—engineering firm (American Engineering and Testin ch is charged with monitoring these matters and the standards they will be using. W-0uId ,e.hap o answer any further questions you may have on this. ' K� ar R " f fc O S n /I City d4istrator Z' C Weekly Notes Page 49 of 58 C. June 4,2013 Mr.Jon Chiglo,P.E. Project Manager Minnesota Department of Transportation Saint Croix:Minnesota.Approach Design-Build Project 1862 Greeley Street Stillwater,MN 55082 Dear Mr.Chiglo: American Engineering Testing, Inc., has been retained by Arnes/Lunda Joint Venture, the Contractor for the St. Croix Minnesota Approach Design-Build Project,to perform precondition surveys and vibration monitoring for the project.. Historically the Minnesota Department of Transportation has required contractors to pedorm pre- construction condition surveys to homes and businesses within 150 feet of construction activities and 300 feet of pile drh4ng and rock blasting activities. For this project Mn/DOT has required that the distance be increased to 300 feet for all construction activities. The pro-construction condition surveys have been used to provide a baseline of condition of the homes and businesses so that if any damage occurred due to vibration causing activities during construction the landowner,Mn/DOT, and the Contractor had a baseline condition to compare the post-construction condition to. The vibration limits that Mn/DOT has recommended using were originally created by the US Bureau of Mines "Alternative Blasting Level Criteria(Modified from Figure B 1,RI 8507)"- The report set 3 different values for vibration limits.The lowest criteria limits vibrations to 0.5 Wsec. peak particle velocity(PPV)for smicturw that are demned to have"high susceptibility"to vibration induced damage (historic buildings and those that have already experienced a significant amount of degradation of its primary structural and/or nonstructural system,and additional vibrations may fiuther degrade these elements and possibly result in injuries to persons in the building.Identified receptors with loose or unstable elements(such as loose bricks or structurally cracked terra-cotta cornices)are in this category). The criteria set the vibration limits to 0.75 inJsec.PPV)to buildings with"moderate susceptibility"to -vibration induced damage(some building deterioration has occurred prior to construction activities,it has not yet experienced a significant degradation of its primary structure or its nonstructural systems that would lead to further building degradation due to construction vibrations.This category includes buildings with bricks that may be loose(as determined by visual inspection)and those with-s-mall to moderate quantities of fragile,potentially unstable contents that may be damaged by construction vibrations). The criteria also set the vibration limits to 0.75 in./sec PPV to buildings.with"low susceptibility"to vibration induced.damage(a building has low susceptibility if it is not expected to experience casmetic cracking when subject to moderate levels ofvibrations(such as those permitted by the Bureau of Mines vibration criteria)and if its contents will not be damaged by moderate vibration levels). Page 50 of 58 June 4,2013 Minnesota Department of Transportation Saint Croix:Minnesota Approach Design-Build AET Project U-00640 Page 2 of 2 The precondition surveys that MnDOT requires on this eontracA will be used to determine the susceptibility level of each structure being evaluated,and to limit the construction induced vibrations to levels below the thmshold values for these susceptibility levels. Buildings constructed with modern materials and practices are typically in the low to moderate susceptibility levels,while older buildings and those in poor condition or ofhistorical significance are typically in the high susceptibility level. For this project there will be no pile driving or blasting performed,so the main vibration causing activities will be construction activities and traffic. The seismographs that we will be using to measure vibrations will be placed adjacent to the structures closest to the construction activities to ensure that the iribration limits stated above are not exceeded. We will sat the seismographs to trigger at 0.05 inJsec. PPV,and we will be notifying the Contractor(Ames/Lunda Joint Venture)when they exceed 0.3 in-/sec. PPV so that they are aware that vibration levels are starting to approach the limits for high susceptibility structures well before the limits are net This will allow AmeslLunda to adjust construction practices accordingly. Cono uct ion related ground vibrations dissipate quickly away from the source of the vibrradcros. If a structure located 100 feet away from vibration activities receives vibrations of 0.3 inJsec.PPV,structures further away will receive louver vibrations with the levels dropping off quickly as the distance from the activity increases. While these vibrations may be felt,until the limits shown above are exceeded,no damage will c cci z. If you have questions or need additional information,please do not hesitate to contact me. Sincerely L'LLL111W KLWGl EL'[1ginee ing T img,ANC. David L.Rettner,P.E. Sr.Vice President/Principal Engineer Saint Croix:Minnesota Approar--la Design-Build Quality Manager Mobile(651)755-5795 dmttner @amengtest.com CC: Jason dock,.Ames/Lunda Project Manager Page 51 of 58 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 52 of 58 10 Oak Park Heights Request for Council Action Meeting Date November 6"', 2013 Time Required: 5 Minutes Agenda Item Title: Resolution Requesting the Installation of a Barrier System along STH 95 —Along Pickett Pond Agenda Placement New Business Originating Department/Requestor City Council Member Mark Swenson 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 requesting that MNDOT perform the installation of certain guard rails or other barrier systems along STH 95 along the newly constructed Pickett Pond. Would the Council consider adopting the enclosed resolution or perhaps something similar and which is also sought from the City of Bayport? Page 53 of 58 RESOLUTION A RESOLUTION ADVOCATING THE INSTALLATION OF ADDITIONAL VEHICLE SAFETY MEASURES-ALONG STH 95 ADJACENT TO THE "PICKETT POND". Whereas the construction of the new STH 95 roadway has resulted in the construction of a large pond,known as "Pickett Pond"directly west of the southbound lane of STH 95, and. Whereas the separation distance of STH 95 to the downhill slope to Pickett Pond is not more than 10 feet and which appears to present a considerable safety hazard, and; Whereas the Minnesota Department of Transportation (the Department)has stated that safety is its utmost concern. and; NQ H PFCKE7 .A Whereas the Department does not as of } NM;, 704.00 Fr HWL`,= 100.94 FT this date intend to install any form of i vehicle barrier system that would more definitively prevent a vehicle from iI ' PO TNT RD: ..€10TH AVM traversing down this slope and into the _- Pickett Pond which depth may exceed and; Guard Rail Barrier 5 feet or greater, � �� � Installation Area- �`a� A (Approximate) Whereas the City of Bayport has requested that the Department ` reconsider the installation of some -T.H. 95 form of barriers separating the STH 95 p SOUTH PFCK'i southbound roadway from this Pond, AWL RT \ :; but the Department has also concluded Hwy = 105-0T T. to date that no additional measures eoT = .697.50 ap 5u would be installed in this location, and; I ~\ Whereas, despite this additional review and safety perspective by the p f Department,the City Council for the City of Oak Park heights concurs with - the Citv of BaVDort that a barrier system should be installed in this location. 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 the Pickett Pond. 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 of the City of Oak Park Heights this day of 2013. Mary McComber,Mayor Attest: Eric Johnson, City Administrator Page 54 of 58 11 k Oak Park Heights Request for Council Action Meeting Date November 26th 2013 Time Required: S Minutes Agenda Item Title: St. Croix River Crossing Coalition—Remaining Funds/Future Actions Agenda Placement New Business Originating Department/Requestor Council Member Mike Runk- 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): As the end of 2013 approaches, certain actions have been requested of the St. Croix River Crossing Coalition as sent in the City's correspondence of Feb 20th, 2013 I would like the City Council to discuss the City's contribution to the St. Croix River Crossing Coalition and what the City Council may expect moving forward and possibly seek a refund of any unspent dollars along with a report of how City funds were expended. Attached: City Administrator's letter dated Feb 20th, 2013 Excerpt from City Council minutes—2/12/13. Page 55 of 58 e:k! City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 February 20, 2013 St. Croix River Crossing Coalition C/O: Hudson Area Chamber of Commerce Attn:Kim Heinemann 502 Second Street Hudson,Wl 54106 RE: $3,000 Contribution—City of Oak Park Heights Dear Mr. Kulas&St.Croix River Crossing Coalition. Enclosed you will find a check in the amount of$3,000.00 as the City of Oak Park Heights'contribution to the St.Croix River Crossing Coalition.The City is permitted to provide this type of funding so tong as the expenditures meet a defined public purpose for which the Council did find, however these funds do have the following restrictions j requirements: 1. That these funds shall only be used for the general advancement of the St. Croix River Crossing Project but may not be utilized,directly or indirectly, for any legal actions or legal activities relating to the St. Croix River Crossing Project. 2. Within sixty days of the end of each year,that the Coalition provide the City with a statement outlining if the City's funds are expended and for what specific purposes.The City reserves the right,at the City's expense,to implement an auditing protocol by the City's contracted auditor on how the City's funds are expended. 3. At such time of the dissolution of the St.Croix River Crossing Coalition any remaining funds shall be returned to the City within a reasonable timeline. Acceptance of the contribution to the Coalition of these funds acknowledges the agreement of these restrictio and requirements. PI se I me kn ' if you have any questions nd reg c Johns n, City Ad nistrator Cc: Weekly Notes 4 of 67 Page 56 of 58 B. Consider Request from the Coalition for the St. Croix River Crossing: Chad Kulas from the Coalition for the St. Croix River Crossing was C present at the meeting. The City Council stated they did not want any r k �� contribution from the City to be used for legal funds. Mr. K.ulas indicated that those funds would not be used for legal purposes. M t�---T N Councilmember Abrahamson stated that he could not support a contribution to the Coalition since the Coalition could not offer a letter of U support for the City of Oak Park Heights' concerns related to the St. Croix f River Crossing Project. a+� Councilmember Swenson, seconded by Councilmember Dougherty, moved to support the request from the Coalition in the amount of$3,000 from the Council Contingency Fund fallowing recommendations of the City Attorney and to audit the use of the funds. Carried 3-2, Councilmembers Runk and Abrahamson opposed. Page 57 of 58 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 58 of 58