HomeMy WebLinkAbout02-25-2014 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, FEBRUARY 25, 2014
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
7:05 p.m. II. 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. III. Visitors/Public Continent
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 rich(Roll Call Vote)
A. Approve Bills& Investments
B. Approve City Council Minutes—February 11, 2014 (2)
C. Approve License for Sale/Storage of Consumer Fireworks at Menards Store(3)
D. Approve Liquor License for Bridge Banquet, LLC dba Heights Hall and Club (4)
E. Adopt Proclamation for April 25, 2014 as Arbor Day and May 2014 as Arbor
Month (5)
F. Adopt Resolution Authorizing an Interfund Loan for Advance of Certain Costs in
Connection with a Tax Increment Financing District (6)
G. Approve Resolution Supporting State of MN Raising the Minimum Wage to $9.50
per hour(7)
H. Accept Donation of$100 from Virginia Crain of Paris Ave (8)
7:15 p.m. V. Public Hearings
None
7:15 p.m. VI. Old Business
A. Street Reconstruction—Adopt Resolution Ordering Assessment Hearing—Discuss
Received Bids (9)
B. Sale of Land s to MNDOT—Parcel 39 (10)
7:30 p.m. VII. New Business
A. Consider Policy on Water Service Line Freeze-Up (11)
B. 57'h Street& City Hall entrance—Temporary Open to Two-Way Traffic(12)
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Agenda
February 25,2014
Page 2
7:45 p.m. VIII. Other Council Items or Announcements
7:50 p.m. IX. Closed Session
A. Labor Negotiations (closed pursuant to MNStat. 13.D.03)
8:00 p.m. X. Ad
'ournment
Page 2 of 58
ENCL 1
Oak Park Heights
Request for Council Action
Meeting Date February 25, 2014
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Administration/Jennifer Pinski
4
Requester's Signature
Action Requested Receive' ormation
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 Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082.Phone(651)439-4439.Fax(651)439-0574
February 19, 2014
Jean Makowski
14174 54th Street North
Oak Park Heights, MN 55082
Dear Jean:
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, February 13, 2014, 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!
- J
Jennifer Pinski
Deputy Clerk
TREE CITY U.S.A.
Page 4 of 58
E Cit y of
Oak Park Hei hts
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,PIN 55082•Phone(651)4394439•Fax(651)439-4574
February 19, 2014
Richard Bartkey
1447857 1h Street North
Oak Park Heights, MN 55082
Dear Mr. Bartkey:
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, February 13, 2014, 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!
Jennifer Pinski
Deputy Clerk
TREE CITY U.S.A.
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Oak Park Heights ENCL 2
Request for Council Action
Meeting Date February 25, 2014
Agenda Item Approve City Council Minutes—February 11, 2014
Time Req. 0
Agenda Placement Consent
Originating Department/Request 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 7 of 58
CITY OF OAK PARK HEIGHTS
TUESDAY, FEBRUARY 11, 2014
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of A11eeiance/Approval of Agenda: Mayor McComber
called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty,
Liljegren,Runk, and Swenson. Staff present: City Administrator Johnson and
City Attorney Vierling. Absent: City Engineer Long and City Planner Richards.
Mayor McComber added two items to the Agenda: "Set Date and Time for Board
of Appeal and Equalization—April Sa', 2014—6 p.m." as Consent Agenda Item F.
and "Consider Time Change for March I I'City Council Meeting" as New
Business Item C.
Councilmember Swenson, seconded by Councilmember Liljegren, moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Ma.. orMcComber: She reported that the next Parks Commission meeting
was set for February 24 at 7:00 p.m.; the Chamber Symposium was
February 12 from 7:30—9:00 a.m.; the City Council held a teambuilding
session on February 5; and she attended the Experienced Elected Officials
Conference and brought handouts for Administrator Johnson to distribute.
B. Councilmember Dougherty: He reported that the MSCWMO meeting was
set for February 13 at 7:00 p.m. at the Bayport Library. He also reported
that he provided the CVB audit and yearly report to Administrator
Johnson to distribute.
C. Councilmember Liljegren: He reported that the Planning Commission
meeting for February 13 was cancelled due to lack of business, and the
next Planning Commission meeting was set for March 13.
D. Councilmember Runk: No report.
E. Councilmember Swenson: He reported that the next Cable Commission
meeting was February 13 at 6:00 p.m. to discuss the franchise agreement;
and the Bayport Fire Dance was set for Saturday, February 15 at the
Eagles Club.
F. Staff. City Administrator Johnson reported that the City had been
receiving reports of frozen pipes. He recommended that if someone
believed they were susceptible to frozen pipes, they may want to leave a
small trickle from an interior faucet. He also reported that there was a pre-
bid receipt meeting with contractors set for February 12 at City Hall for
the street reconstruction project. Johnson also reported that the street
Page 8 of 58
City Council Meeting Minutes
February 11, 2014
Page 2 of 4
reconstruction project would be on the MSCWMO board meeting agenda
for that week.
III. Visitors/Public Comment:
None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—January 28, 2014
C. Adopt Resolution Approving a Gambling Premises Permit Application
Made by Stillwater Elks #179 for Gambling at Heights Hall and Club in
Oak Park Heights
D. Adopt 2014-2014 Anticipated Capital Improvement Plan
E. Authorize Application for Cities of Excellence Award—LMC
F. Set Date and Time for Board of Appeal and Equalization—April 81h 2014
—6 p.m.
Councilmember Runk, seconded by Councilmember Liljegren, moved to approve
the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearines:
None
VI. Old Business:
A. Purchase of Property at 6130 Osgood Avenue: City Administrator Johnson
reported that the City had been continuing to explore options for
redevelopment of the northwest corner of Highway 36 and Osgood
Avenue. He stated several conversations had been held with Fury Motors.
Johnson reported that Carquest was not interested in selling their property.
He stated that one option would be to dismiss the concept of any frontage
road realignment until Carquest was willing to sell their property for a
reasonable price, but move ahead with the City acquiring the Westbury
property to allow the construction of a driveway from Osgood Avenue to
Fury Motors. He stated the driveway would be constructed in a way that
would allow it to be used as part of a new frontage road should it be
developed in the future.
Johnson reported that after the purchase of the Westbury property,the City
would establish a TIF district and Fury Motors would purchase the
Erickson-Post property, Fury Motors and the City would demolish the
buildings on the Westbury Property and Erickson Post building and restore
the sites to a clean-level condition ready for a redevelopment; Fury would
Page 9 of 58
City Council Meeting Minutes
February 11,2014
Page 3 of 4
construct a new dealership and driveway access from Osgood Avenue; and
the City would convey the Westbury property to Fury Motors.
Councilmember Runk, seconded by Councilmember Dougherty, moved to
recommend moving forward with the purchase of the property. Carried 5-
0.
VII. New Business:
A. Cellular Antenna Placement on Tower#1 - Concept: City Administrator
Johnson reported that the City had been approached by an AT&T
representative to consider a coloration of a cellular antenna on the City's
water tower#1 located at the City Hall site.
Councilmember Swenson, seconded by Councilmember Liljegren, moved
to support the request for an antenna placement by AT&T on water tower
#1. Carried 5-0.
B. Consider Resolution Supporting_Bayport Fire Station Concept and Service
Agreement: Councilmember Swenson reported that Bayport Fire had
outgrown its current facility. He stated that Bayport and Baytown have
shown support funding a concept for a new station and for going to a
longer-term contract. Mayor McComber questioned cost-share liability.
City Attorney Vierling reported that the Resolution was conceptual and
there would be joint powers agreement that would outline ownership.
Mayor McComber asked whether a joint worksession should be held.
Councilmember Swenson said it would be beneficial in the future.
Councilmember Liljegren, seconded by Councilmember Dougherty,
moved to approve the Resolution. Carried 4-0-1, Swenson abstained.
C. Consider Time Change for March 11 f City Council Meeting:
Councilmember Runk, seconded Councilmember Liljegren,moved to
change March 11 fll City Council Meeting time from 7:00 p.m. to 6:00 p.m.
Carried 5-0.
VIII. Other Council Items or Announcements
Mayor McComber announced that Spring Clean-up was Saturday, May 3 —not
Sunday, May 4 as indicated in the Oak Park Heights City Calendar.
IX. Adjournment
Mayor McComber, seconded by Councilmember Swenson, moved to adjourn at
7:27 p.m. Carried 5-0.
Page 10 of 58
City Council Meeting Minutes
February 11, 2014
Page 4 of 4
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
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Oak Park Heights ENCL 3
Request for Council Action
Meeting Date February 25, 2014
Agenda Item Approve License for Sale/Storage of Consumer Fireworks at Menards Store
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).
An application for a License for Sale/Storage of Consumer Fireworks has been received from
B.J. Alan Fireworks on behalf of Menards, 5800 Krueger Lane. The duration of the business
operation will be May 1 through July 31, Monday through Thursday from 6:30 a.m. to 9:00 p.m.,
Friday and Saturday from 6:30 a.m. to 10:00 p.m., and Sunday from 8:00 a.m. to 8:00 p.m. The
application is complete and the background check by the Police Chief was satisfactory. I
recommend approving the license application.
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Page 14 of 58
r
Oak Park Heights ENCL 4
Request for Council Action
Meeting Date February 25, 2014
Agenda Item Approve Liquor License for Bridge Banquet, LLC dba Heights Hall and Club
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Sign w,,.
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
An application has been received from Bridge Banquet, LLC dba Heights Hall and Club, for a
liquor license at 5880 Omaha Avenue North. All information required per City Ordinance has
been received, and the background investigation has been satisfactorily completed.
I recommend approval of the liquor license.
Page 15 of 58
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Page 16 of 58
Oak Park Heights ENCL 5
Request for Council Action
Meeting Date February 25, 2014
Agenda Item Adopt Proclamation for April 25, 20I4 as Arbor Day and May 2014 as Arbor Month
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Adopt Proclamation
BackgroundlJustification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 17 of 58
CITY OF OAK PARK HEIGHTS
P,
PROCLAMATION
WHEREAS: Minnesota is home to many of our nation's natural resources,foremost
among them are our beautiful and abundant forests;and
WHEREAS: Trees are an increasingly vital resource in Minnesota today,enriching our
lives by purifying the air,conserving soil,water and energy,creating jobs
through a large forest products industry,serving as recreational settings,
providing habitat for wildlife of all kinds,and creating beautiful
landscapes to make our communities more livable; and
WHEREAS: Human activities such as construction damage,pollution and neglect, as
well as climatic extremes,disease and insects threaten our trees,creating
the need for concerted action to ensure the future of community and rural
forests in our state and throughout the country;and
WHEREAS: Each individual can act locally to improve the environment by planting
trees and ensuring that these trees are protected and receive proper
maintenance in the years ahead;and
WHEREAS: Each year on the last Friday in the month of April and throughout the
month of May,the people of Minnesota pay special tribute to the vital
natural resource that our trees represent and dedicate themselves to the
continued vitality of our state's community and rural forests;
NOW,THEREFORE I, Mary McComber,Mayor of the City of Oak Park Heights, do
hereby proclaim Friday,April 25,2014 to be
ARBOR DAY
and the month of May,2014 to be ARBOR MONTH in Oak Park Heights,Minnesota.
Signed this, ,2014
Mary McComber, Mayor
Tree City U.S.A.
Page 18 of 58
r
f
Oak Park Heights
Request for Council Action ENCL 6
Meeting Date February 25, 2014
Agenda Item Title Authorizing an Interfund Loan for Advance of Certain Costs in Connection with
a Tax Increment Financing District
Time Required 1 Minute f,
Agenda Placement Consent A d
Originating Department/Re estor: on, Ci Adt s i for/Betty Caruso, Finance Director
Requester's Signature
Action Requested: Adopt Resolu ' n Authorizing an Interfund Loan for Advance of Certain Costs In
Connection with a Tax Ineremennt inancing District.
Background/Justification(Plions).
ndicate any previous action, financial implications including budget
information and recommen
The City is presently entertaining (ALTHOUGH NO ACTION HAS BEEN FORMALLY TAKEN TO
DATE) the possible establishment of a Tax Increment Financing District for the parcels located near
Highway 36 and Osgood Avenue. Certain costs may be incurred related to the proposed tax increment
district such as administrative, engineering, land acquisition, demolition and site preparation which is
currently estimated to be no greater than$1,000,000.
Establishing a financing method for the possible expenditures secures that the initial expenses incurred
can be refunded with tax increment should the city decide to establish the TIF district. An interfund
loan as described in the resolution can be on a temporary basis from the General Fund, The TIF
District 1-1 Fund or any other fund from may be legally used.
The Resolution authorizes the City Administrator to establish the interfund loan repayment schedule
and interest rates. The intention of the authorization is so that every time expenditure is incurred it
doesn't need to come before the council for interfund Ioan arrangements.
The adoption of the Interfund Loan Resolution is to secure the expenditures that are or may be
incurred for the possible new TIF district will be qualified expenditures of the district and are
reimbursable by tax increment. Therefore we are recommending the adoption of the Resolution
Authorizing an Interfund Loan for Advance of Certain Costs in Connection with a Tax
Increment District.
Page 19 of 58
RESOLUTION NO.
AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS
IN CONNECTION WITH A'T'AX INCREMENT FINANCING DIS'T'RICT
BE IT RESOLVED By the City Council of the City of Oak Park Heights, Minnesota (the
"City")as follows:
Section 1. Backer ond.
1.01. The City is proposing to establish a Tax Increment Financing District which is
anticipated to include certain blight and/or underused real parcel(s) located near the intersection
of Highway 36 and Osgood Avenue (the "TIF District") within Municipal Development District
No. 1 (the "Development District") pursuant to Minnesota Statutes, Sections 469.174 to
469.1794, as amended(the"TIF Act").
1.02. The City may incur certain costs related to the TIF District which may be
financed on a temporary basis from available City funds.
1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to
advance or loan money from any fund from which such advances may be legally made in order
to finance expenditures that are eligible to be paid with tax increments under the TIF Act.
1.04. The City has determined that it may pay for administrative costs associated with
the establishment of the TIF District and certain other costs incurred in connection with the
proposed development of the TIF District, including but not limited to engineering, land
acquisition, demolition and site preparation costs, currently estimated to be approximately
$1,000,000 (the"Costs Advances") on a temporary basis from the General Fund, the TIF District
1=I Fund or any other fund from which such advances, from time to time, may be legally made
(the"Fund") as an interfund loan pursuant to Minnesota Statutes, Section 469.178, Subd. 7.
1.05. The City hereby designates the Costs Advances as an interfund loan in accordance
with the terms of this resolution and the TIF Act.
Section 2. Repayment of Interfund Loan.
2.01. The City will reimburse itself for the Costs Advances in an amount not to exceed
the adopted and, if applicable, amended Tax Increment Financing Plan budget for the TIF
District (the "Interfund Loan"), together with interest at the rate prescribed by the statute
(Minnesota Statutes, Section 469.178, Subdivision 7), which is the greater of the rates specified
under Sections 270.75 or 549.09 at the time a Interf ind Loan, or any part of it, is first made;
provided, however, the City Administrator is authorized to specify a lower rate.
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-
annually on each February I and August 1 (each a "Payment Date"), commencing on the first
Payment Date on which the City has Available Tax Increment (defined below), or on any other
1
43991M JSB AK145-3
Page 20 of 58
dates determined by the City Administrator, through the date of last receipt of tax increment
from the TIF District.
2.03. Payments on the Interfund Loan will be made solely from the tax increment from
the TIF District received by the City from Washington County in the six-month period before
any Payment Date, net of the amount paid under any agreement with a private developer or
otherwise pledged to the payment of any obligation (the "Available Tax Increment"). Payments
shall be applied first to accrued interest, and then to unpaid principal, unless otherwise specified
by the City Administrator. Interest accruing from the Loan Date will be compounded
semiannually on February 1 and August 1 of each year and added to principal, unless otherwise
specified by the City Administrator. Payments on this Interfund Loan may be subordinated to
any outstanding or future bonds, notes, or contracts secured in whole or in part with available tax
increment, and are on a parity with any other outstanding or future interfund loans secured in
whole or in part with available tax increment.
2.04. The principal sum and all accrued interest payable under this resolution is pre-
payable in whole or in part at any time by the City without premium or penalty.
2.05. This resolution is evidence of an internal borrowing by the City in accordance
with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely
from Available Tax Increment pledged to the payment hereof under this resolution. The
Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota
or any political subdivision thereof, including, without limitation, the City. Neither the State of
Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or
interest on the Interfund Loan or other costs incident hereto except out of Available Tax
Increment. The City shall have no obligation to pay any principal amount of the Interfilnd Loan
or accrued interest thereon, which may remain unpaid after the termination or expiration of the
TIF District.
2.06. The City may at any time make a determination to forgive the outstanding
principal amount and accrued interest on the Interfund Loan, in whole or in part, on any date
from time to time,to the extent permissible under law.
2.07. The City may from time to time amend the terms of this Resolution to the extent
permitted by law, including without limitation amendment to the payment schedule and the
interest rate;provided that the interest rate may not be increased above the maximum specified in
Section 469.178. subd. 7 of the TIF Act.
2
43991 W JSB AK145-3
Page 21 of 58
Section 3. Effective Date. This resolution is effective upon adoption.
Adopted this 25th day of February, 2014.
Mayor
ATTEST:
City Administrator
3
439910v27SS AK145-3
Page 22 of 58
i
ENCL 7
Oak Park Heights
Request for Council Action
Meeting Date February 25`h, 2014
Time Required: 1 Minute
Agenda Item Title: Approve, Resof ti ortin State of MN Raisin -thg Minim
Wage to $9.50 per hour.
Agenda Placement Consent Agenda
Originating Department/Requestor Mayor Mary McComber
Requester's Signature
Action Requested Approve Resolution Su ord State of MN Raisin the Minimum Wa e
to 9.5 Q per hour.
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 and adopt the enclosed resolution supporting the
increase in the State minimum wage to $9.50.
Page 23 of 58
RESOLUTION
A RESOLUTION SUPPORTING THE CONCEPT OF THE STATE OF MINNESOTA RAISING
THE MINDIUM WAGE TO$9.50 PER HOUR
WHEREAS: In the richest nation on earth, it is simply wrong for anyone who works full time to live in
poverty;and
WHEREAS: Raising the minimum wage to at least$9.50 an hour would pump more than$470 million in
consumer-spending power to fuel Minnesota's economy; and
WHEREAS: The faces of the working poor include mothers and fathers struggling to feed,shelter,clothe
and educate their children.They're proud parents who are doing their best,but still aren't getting by,even
with multiple jobs. They can't put healthy food on the table and they can't afford to live in a safe
neighborhood.That's because their work isn't recognized with a decent paycheck; and
WHEREAS: In a Minnesota family with two full-time working adults and two children, each parent needs
to earn$14.03 an hour just to meet basic needs;and
WHEREAS: Full-time wages for someone earning$7.25 an hour come to only$15,0 80 a year and that's
not enough to meet basic needs; and
WHEREAS: In Minnesota,357,000 low-wage workers deserve a raise.They help us raise our children,
care for our aging parents,clean our offices, serve our food,and more.They help everybody else do their
jobs,yet they don't share the prosperity they help create. Their professions have been undervalued for far
too long and it's time to make their hard work pay; and
WHEREAS: Although raising the minimum wage to$9.50 per hour remains popular—with support
consistently polling above 70 percent—this strong public support has not translated into action by the
State Senate; and
BE IT RESOLVED: The City Council for the City of Oak Park Heights supports the Minimum Wage
Coalition campaign to raise the minimum wage to at least$9.50 by 2015, index it to inflation,conform
with federal work rules,and preserve the prohibition on the tip penalty;and
BE IT FURTHER RESOLVED:The City will ask our community,membership and/or populations
served to visit RaiseTheWageMN.org and sign up for the campaign;and
BE IT FINALLY RESOLVED: The City will ask our community,membership and/or populations served
to contact their State Senators and deliver the following message: "Please support legislation that will
raise the minimum wage to$9.50 by 2015, index it to inflation,conform with federal work rules, and
preserve the prohibition on the tip penalty".
Passed by the City Council for the City of Oak Park Heights this 25"day of February,2014
Mary McComber,Mayor
ATTEST:
Eric Johnson
City Administrator
Page 24 of 58
Eric Johnson
From: Marymccomber @aol.com
Sent: Wednesday, February 19, 2014 2:01 PM
To: Eric Johnson
Subject: Fwd: Minnesota Mayors for Raising the Wage
Eric,
Can you add this also to the agenda: Consent: Raise the Wage
"Minnesota economic .............this measure."
Mary
From: mnaflcio(a)mnaflcio.org
To: marvmccomberagaol.com
Sent: 2/19/2014 1:50:25 P.M. Centrat Standard Time
Sul�j: Minnesota Mayors for Raising the Wage
Dear Mayor McComber,
Earlier this month, Minnesota mayors from the Iron Range to the Twin Cities took a
bold step to support low-wage workers by urging the state legislature to raise the
minimum wage to at least $9.50 with increases for inflation.
According to several studies released by Minnesota's Raise the Wage Coalition, a
$9.50 minimum wage would provide a raise for 357,000 Minnesotans. You can find
individual estimates from think tank Minnesota 2020 on how a $9.50 minimum wage
will impact your community here.
Today, I'm asking you to join fellow mayors from across the state and a broad
coalition of community, faith, labor, non-profit and service-based organizations in
supporting a minimum wage increase that will be both good for working people and
the small businesses they patronize.
If you're interested in joining Minnesota Mayors for Raising the Wage as a public
supporter, please send the following statement to Kris at kfredson mnaflcio.or :
"Minnesota's economic recovery hasn't come for many families. As mayors and city
councilmembers, we support raising Minnesota's minimum wage to at least $9.50,
indexed for inflation and urge state legislators to act quickly on this issue. Raising
Minnesota's minimum wage will put more money in the pockets of our hardworking
citizens and help support our local economies. We're proud to stand with other local
Page 25 of 58
leaders in supporting this measure."
A minimum wage of $9.50 an hour will help boost our economy by making sure
working people can support their families and local businesses. Raising Minnesota's
minimum wage to $9.50 an hour would pump more than $472 million in consumer
spending power into the state's economy each year. And higher wages would mean
that fewer people would be forced to utilize public assistance to make ends meet.
City Councils are passing resolutions officially endorsing measures calling on
legislature to enact a minimum wage of at least a $9.50 indexed to inflation. As we
enter the legislative session, we're asking mayors and councils to take similar actions.
You can find a sample resolution here.
For more information, please visit RaiseTheWageMN.org or contact Kris Fredson at
651-294-3082 or kfredson @mnaficio.org.
Sincerely,
Chris Coleman, Mayor, City of Saint Paul
Click here to unsubscribe.
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Oak Park Heights ENCL 8
Request for Council Action
Meeting Date: Feb. 25, 2014 Time Required: 1
Agenda Item Title: Accept Donation of$100 from Virginia Crain of Paris Ave
Agenda Placement: Consent
Originating Department/Requestor; Oak Park Heights Police Dept., Chief Brian DeRosier
Requester's Signature
Action Requested: Accept Donation of$100 from Virginia Crain of Paris Ave
B ackground/Justification:
The police department received a personal donation in the amount of$100 from a private citizen—
Virginia Crain of 6332 Paris Ave.
The Crain family has been a repeat donor to our department and his efforts to support us in providing
educational and safety material for the youth of OPH is greatly appreciated.
A thank you letter was sent. See attached.
I request acceptance of this donation to the Police Department to be placed into the donations account
of the Police Department.
Page 27 of 58
POLICE DEPARTMENT
CITY OF OAK PARK HEIGHTS
14168 Oak Park Blvd. N.• P.O. Box 2007 Brian DeRosier
Oak Park Heights, Minnesota 55082 Chief of Police
® r `telephone: (651)439-4723
Fax: (651)439-3639
Emergency: 911
February 18, 2014
Virginia H. Crain
6332 Paris Ave No.
Oak Park Heights, MN 55082
Mrs. Crain;
I would like to sincerely thank you for your kind donation of$100 to the Oak Park Heights Police
Department. Your continued support of our department is appreciated even more during these tough
economic times.
Your support of the Oak Park Heights Police Department is very generous and will be used to further the
department efforts going directly back to the community with education and outreach materials. These
donations allow us to purchase and provide education and safety materials to the children of the
community. The department cannot effectively serve the community without direct involvement from
the citizens such as you.
Your donation will be spent with great consideration to ensure it best serves the community.
Thank you,
Brian DeRosier
Chief of Police
Page 28 of 58
RESOLUTION 14-02-10
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY MINNESOTA
A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION
FROM GLENN CRAIN
WHEREAS, Oak Park Heights resident Glenn Crain, wishes to donate One
Hundred Dollars ($100.00) to the Police Department to be used by the Police Department
as they so choose; and
WHEREAS, the Oak Park Heights Police Department appreciates the generous
donation and ongoing support of Mr. Crain; and
WHEREAS, such donation shall be used for community outreach and
educational program and materials.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Oak Park Heights that the City shall accept the donation from Glenn Crain and that such
donation shall be used by the Oak Park Heights Police Department for community
outreach and educational program and materials.
Passed by the City Council for the City of Oak Park Heights this 25h day of
February, 2014.
Mary McComber, Mayor
Attest:
Eric Johnson, City Administrator
Page 29 of 58
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 30 of 58
f-
ENCL 9
Oak Park Heights
Request for Council Action
Meeting Date February 25`h, 2014
Time Required: 10 Minutes
Agenda.Item Title: Street Reconstruction—Ado t es ution Orderina Assessment Hearin —
Discuss Received s.
Agenda Placement Old Busine
-Z
Originating Department/Re estor /49(c Johnson City Administrator
Requester's Signature
Action Requested See Below
i Background/Justification(Ple if any previous action has been taken or if other public
bodies have advised):
Consistent with the Street Reconstruction Feasibility Report,the City did receive bids from eight
(8)bidders on Friday, February 21, 2014. Enclosed is the preliminary bid tabulation. (At the time
of the drafting of this memo,we are awaiting data from STANTEC on final tabulations).
Also to ensure the City is following the timing set forth in the Feasibility Report,the City
targeted the February 25'h, 2014 City Council meeting as the date to order the Assessment
Hearing. The purpose of the second hearing,commonly known as the assessment hearing, is to
give property owners an opportunity to express concerns about the actual special assessment.
Best practice suggests cities pass a resolution setting the date and time of the assessment hearing
and directing that the city clerk publish and mail notice about the assessment hearing. This
resolution need not be published. A resolution is enclosed for consideration and which cites
April 8"'as the date of the Assessment Hearing.
The City does have sixty days from the date of the bid opening to make an award and make
selections on alternates.
Page 31 of 58
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS,MINNESOTA
HELD: February 25, 2014
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Oak Park Heights, Washington County, Minnesota, was duly held at the City
Hall in said City on the 25th day of February,2014, at 7:00 o'clock P.M.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved
its adoption:
RESOLUTION CALLING A HEARING ON
ASSESSMENTS FOR STREET AND UTILTIY
IMPROVEMENTS OF 2014
WHEREAS,the City Clerk,with the assistance of the City consulting engineer,
has prepared an assessment roll for the Street and Utility Improvements of 2014 being
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, 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
further defined as areas B, C &E as shown on the map included herein and as defined in
the Feasibility report dated October 2013 ); and, said proposed assessment roll shall be on
file with the City Clerk and open to public inspection;
J-1
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Page 32 of 58
{Map Depicting Assessment Areas: B, C & E}
. � AREA D
Si.CR0fxRrvER
R AEA C
4 'I
i 3
AREA E
an
-AREA B
�ocano 4 MAP(AREAS e,C,o&E)
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oak
Park Heights, Minnesota, as follows:
1. The Clerk shall publish notice that this Council will meet to consider the
proposed assessments on April 8th, 2014, at 7:00 o'clock P.M. in the City Hall of said
City of Oak Park Heights, Minnesota. The published notice shall be in substantially the
form set forth on Exhibit A attached hereto.
2. A copy of the notice in substantially the form set forth in Exhibit B
attached hereto shall be mailed to the owners of each parcel of property described in the
assessment roll.
J-2
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Page 33 of 58
EXHIBIT A
NOTICE OF HEARING ON ASSESSMENTS
FOR STREET AND UTILTIY
IMPROVEMENTS OF 2014
TO WHOM IT MAY CONCERN:
TIME AND PLACE: Notice is hereby given that the City Council
of the City of Oak Park Heights, Minnesota.,
wilt meet in the City Hall in the City of Oak
Park Heights, Minnesota, on the 8th day of
April, 2014, at 7:00 o'clock P.M. to consider
objections to the proposed assessments for
the Street and Utility Improvements of 2014
heretofore ordered by the City Council.
GENERAL NATURE
OF IMPROVEMENTS: Water, Sanitary, Storm Water Utility
Improvements and Street Improvements:
including street surfaces and curb & gutter.
ASSESSMENT ROLL OPEN The proposed assessment roll is on file with
TO INSPECTION: the City Clerk and open to public inspection.
AREA PROPOSED The area proposed to be assessed consists of
TO BE ASSESSED: every lot,piece or parcel of land benefitted
by said improvement,which has been
ordered,made and is as follows:
, in the City of Oak Park Heights,
Minnesota.
TOTAL AMOUNT The total amount proposed to be assessed is
OF PROPOSED $
ASSESSMENT:
WRITTEN OR ORAL OBJECTIONS: Written or oral objections will be considered
at the hearing.
J-3
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Page 34 of 58
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the district court of
Washington County pursuant to Minnesota
Statutes, Section 429.081 by serving notice
of the appeal upon the Mayor or Clerk of the
City within 30 days after the adoption of the
assessment and filing such notice with the
district court within ten days after service
upon the Mayor or Clerk.
LIMITATION ON APPEAL: No appeal may be taken as to the amount of
any assessment adopted by the City Council
unless a written objection signed by the
affected property owner is filed with the
Clerk prior to the assessment hearing or
presented to the presiding officer at the
hearing. All objections to the assessments
not received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429.061 are waived, unless the
failure to object to the assessment hearing is
due to a reasonable cause.
DEFERMENT OF Under the provisions of Minnesota Statutes,
ASSESSMENTS: Sections 435.193 to 435.195,the City may,
at its discretion, defer the payment of
assessments for any homestead property
owned by a person 65 years of age or older
for whom it would be a hardship to make the
payments.
MAILED NOTICE: The notice of this hearing mailed to property
owners contains additional information.
DATED: , 2014.
BY ORDER OF THE CITY COUNCIL
Isl
Eric Johnson, City Administrator
J-4
970813v2
Page 35 of 58
EXHIBIT B
NOTICE OF HEARING ON ASSESSMENTS
FOR STREET AND UTILTIY
IMPROVEMENTS OF 2014
TO:[Specify owner,
address and
parcels]
TIME AND PLACE Notice is hereby given that the City Council
of the City of Oak Park Heights, Minnesota,
will meet in the City Hall in the City of Oak
park Heights,Minnesota, on the Sffi day of
April,2014, at 7:00 o'clock P.M. to consider
objections to the proposed assessments for
Street and Utility Improvements of 2014
heretofore ordered by the City Council.
GENERAL NATURE
OF IMPROVEMENTS: Water, Sanitary, Storm Water Utility
Improvements and Street Improvements;
including street surfaces and curb & gutter.
ASSESSMENT ROLL OPEN
TO INSPECTION: The proposed assessment roll is on file with
the City Clerk and open to public inspection.
AREA PROPOSED The area proposed to be assessed consists of
TO BE ASSESSED: every lot,piece or parcel of land benefitted
by said improvement, which has been
ordered, made and is as follows:
in the City of ,
Minnesota.
J-5
970813v2
Page 36 of 58
TOTAL AMOUNT OF The total amount proposed to be assessed is
PROPOSED ASSESSMENT: $
WRITTEN OR ORAL OBJECTIONS: Written or oral objections will be considered
at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the district court of
Washington County pursuant to Minnesota
Statutes, Section 429.081 by serving notice
of the appeal upon the Mayor or Clerk of the
City within 30 days after the adoption of the
assessment and filing such notice with the
district court within ten days after service
upon the Mayor or Clerk.
LIMITATION ON APPEAL: No appeal may be taken as to the amount of
any assessment adopted by the City Council
unless a written objection signed by the
affected property owner is filed with the
Clerk prior to the assessment hearing or
presented to the presiding officer at the
hearing. All objections to the assessments
not received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429.061 are waived, unless the
failure to object to the assessment hearing is
due to a reasonable cause.
DEFERMENT OF Under the provisions of Minnesota Statutes,
ASSESSMENTS: Sections 435.193 to 435.195,the City may,
at its discretion, defer the payment of
assessments for any homestead property
owned by a person 65 years of age or older
for whom it would be a hardship to make the
payments.
SPECIFIC AMOUNT
TO BE ASSESSED: The amount to be specifically assessed
against your particular lot,piece of parcel of
land is $
J-6
970813v2
Page 37 of 58
PREPAYMENT: You may prepay the entire assessment to the
Treasurer of the City until the assessment
roll is certified to the County Auditor; after
certification to the County Auditor,
prepayments of the entire amount remaining
due may be made to the Treasurer at any
time prior to November 15 of any year.
NO PARTIAL PREPAYMENT The City Council has not authorized the
partial prepayment of assessments prior to
certification of the assessment or the first
installment thereof to the County Auditor.
PREPAYMENT WITHOUT INTEREST,
OR WITH INTEREST
TO END OF YEAR: No interest shall be charged if the entire
assessment is paid within 30 days from the
adoption of the assessment roll. At any time
prior to November 15 of any year, the owner
may prepay to the Treasurer the whole
assessment remaining due with interest
accrued to December 31 of the year in which
the prepayment is made.
INTEREST RATE: If the assessment is not prepaid within 30
days from the adoption of the assessment
roll, interest will accrue on the assessment at
the rate of %. Interest accrues from the
date to be specified in the resolution levying
the assessment, but not earlier than the date
of such resolution.
DATED: , 2014.
BY ORDER OF THE CITY COUNCIL
Isl
Eric Johnson, City Administrator
J-7
97o813v2
Page 38 of 58
I. Said notice attached as Exhibit A hereto shall be published by the City
Clerk in the official newspaper at least two weeks prior to the hearing and the notice
attached hereto as Exhibit B shall be mailed by the Clerk to the owners of each parcel
described in the assessment roll.
2. if the adopted assessment differs from the proposed assessment as to any
particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the
amount of the adopted assessment, Owners must also be notified by _mail of any changes
adopted by the Council in interest rates or prepayment requirements from those contained
in the mailed notice of the proposed assessment.
The motion for the adoption of the foregoing resolution was duly seconded
by member and upon a vote being taken thereon, the
following voted in favor thereof.
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
J-S
970813x+2
Page 39 of 58
STATE OF MINNESOTA }
COUNTY OF WASHINGTON ) ss
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting City
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have carefully compared the attached and foregoing extract
of minutes of a meeting of the City Council of said City held on the date
therein indicated with the original thereof on file in my office, and the same
is a full, true and complete transcript therefrom insofar as the same relates to
a resolution calling a hearing on assessments for the Street and Utility
Improvements of 2014 in the City.
WITNESS my hand as such City Administrator and the seal of said
City this day of , 2014.
Eric, Johnson, City Administrator
(SEAL)
J-9
970813v2
Page 40 of 58
C17' OF OAK PARE ME10HT; - ;7REET RECOr457RuCTi0r+ PROJECT
Project Schedule
The general schedule for the project includes completing the reconstruction design of all areas
during the foil and winter of 2013/2414.All areas will be designed and bid as one project.Areas B,C,
and E will be constructed during the summer and fall of 2014.Area D will be completed in
concurrence with the reconstruction of Pans Avenue (completed by Washington County)in the
summer and fall of 2015.
Authorize Feasibility Report August 27,2013
Neighborhood Meeting-Area E October 7,2073
Neighborhood Meeting-Areas B& C October 8,2013
Present Feasibility Report October 8,2013
Order Public Improvements Hearing October 8,2013
Neighborhood Meeting-Area D October 9,2013
Mail Public Improvement Notices October 21,2013
Publish First Public Improvement Hearing Notice October 23, 2013
Publish Second Public Improvement Hearing Notice October 31,2013
Hold Public Improvements Hearing November t,2013
Authorize Plans and Specifications November b,2013
Approve Plains and Specifications January 28,2014
Authorize Bids January 28,2014
Receive/Open Bids February 21,2014
Order Public Assessments Hearing February 25,2014
Publish Notice of Assessment Hearing March 19,2014
Mail Notice of Assessment Hearing March 19,2014
Hold Public Assessments Hearing April B, 2014
Award Contract & Approve Resolution Ordering Improvement April 8, 2014
Start Construction-Areas B, C, E Spring 2014
Substantial/Final Completion-Areas B.C, E Fall 2014
Start Construction-Area D Spring 2015
Substantial/Final Completion-Area D Fall 2015
City of Oak Park Heights Std f1teC Stantec Project Na_ 1 9 3801 9 9 4
Street Reconstruction-2014&201= �1! Page 4D
Page 41 of 58
Appendix A-1
Preliminary Cost Estimate Summary
Street Reconstruction- 2014&2015
October 2013
Project Cost Summa
Ina rovement Type Area B Area C Area D Area E Total
Streets $653,237.23 $500,817.23 $1,725,654.96 $1,017,154.35 $3,896,863.77.
Wat&Main $62,375.00 $435,982.50 $1,343,903.00 $615,063.50 $2,457,324,00
Sanitary Sewer 5137,375.00 $159,815.00 $390,400.00 S197,795.00 $685,385.00
Storm Sewer $96,276.00 $86,200.00 $330,516.00 $228,227.00 $741,219.00
Total Construction Cost $949,263.23 31,182,814.73 $3,790,473.96 r$2,058,239.85 $7,980,791.77
Contingencies(109/6) $94,926.32 r$2-195,703.68 18,281.47 $379,047.40 $205,823.99 $798,079.18
Indirect(25%) $237,3!5.81 $947,618.49 3514,559.96 $1,995,197,94
Tats]Project Cost
1,281,505.36 1,596,799.88 $5,117,139.85 2,778,623.80 $10,774,068.89
F-a,o m Dc " 2 od3
(AU, A, mfe-Nkffs)
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P
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Page 42 of 58
4
StanteC Recorded by CN�sS Low±_
Bidders List
BW Data and Tlme: 2121/20T4 TO A.M.
Project Nome: 2014 Street
Project No.: 193801994
Cilent: C1y of Oak Park Heights
Bid Addendum Addendum
Contractor's Name Bond No.1 No.2 Total Base Bid Alternate 1 Aifemale 2 Attemote 3
X A-I Excavctrng Inc. x 312. 3/,0 5 99 3 7S 5-95,06 ya If/1-35-
Asphalt Sucace Technolc ies Corp.
Burschviile Consirucrion Inc
C.W.Houle,Inc.
Douglas-Ken Under round,L..-,C
Eureka Canslruct'on,Inc.
Ge stin er&Sons
Hcrdrives Inc. 3 7 2$pi b7 I (n1.5 Z Z
Insitulorm Tech 11SA,Inc.
Kuechle Underground Inc.
Lamelti and Sons,inc.
LoTour Construction.Inc.
X New Loot Conlractin ,Inc X k N 715 igi 3p ?6 32 13 3z 5o Q3 5-vo
1C Northdole Const.Co..Inc. X x L '.b 7 32 I 51 / -5,Z
)c Nor#t west AS halt inc. X 7y� p14, p 7 2 z 9 V dp Yp.ua
Palda and Sons,inc.
Park Construction Company
Pember CoMpa6eS,Inc-
X R.L.Larson ExcavaVn ,Inc. �f �C X ' Ip�° 2G2.1s 113 7 - 5 Zy �IO.o a �/� z,,-'
X RedsloneConstructionCo..Inc- X �( G�! 0!10 q3 q54 2a W4(1-6b Z Q
Ron Contraclina Co.
S R Weidemo.Incorporated
X T.A.Schitsk &Sons.Inc X X y a591539r15 1/5,3 75 30)386,70 3Z o7/.sa
Vail ey Paving,Inc
V6u-Sewer
9i5v1451 G,ddas EUt�h
Page 43 of 58
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 44 of 58
Oak Park Heights
Request for Council Action ENCL 10
Meeting Date February 21 st, 2014
Time Required: 10 Minutes
Agenda Item Title: Sale of Land s to MNDOT—Pa=l 39
Agenda Placement Old Busine
Originating Department/Re s Eric Jo o i Administrator
Requester's Signature
ry
Action Requested cussion Possible ction
Background/Justification(Please indicif any previous action has been taken or if other public
bodies have advised):
The City has been asked to approve the sale of lands(parcel 39)to MNDOT to facilitate the construction
of the Oakgreen Ave. /Frontage Road Elements.This transaction requires that the City adopt a resolution
authorizing such sale.
While the City has generally agreed on the price,substantiated by a separate review of the MNDOT
appraisal,the City will be losing the east-west trail connection as it is now constructed,but a new trail
way connection is to be established. (See the attached maps). The City is not being compensated upfront
for this lost trail way but is being asked to accept a commitment from MNDOT that that the State will
perpetuate the trail in the layouts reviewed and that such trail way shall remain.
If the State does need to alter or substantially impact the trail way,the State would be required to relocate
the trail way to allocation that is acceptable to the City and at the State's expense. Under any
circumstances, should the State not re-establish the trail way to the acceptable degree as desired by the
City,the City may discontinue any agreed upon minor maintenance as committed to under the St. Croix
River Crossing Cooperative Construction Agreement.
Accordingly,the Council should discuss the Resolution which includes elements of.
I. Agree on the sale price. $44,400.(this includes all easements, lands and damages)
2. Determine if the Council is comfortable with the trail be located solely in MNDOT right of way
subject to the promises made in the proposed Agreement. If the Council is comfortable with this
concept,then the Resolution should be adopted.
3. The alternative is that the State undertakes formal condemnation proceedings where a cash value
would be placed on the lost trail way connection and a payment would be made to the City. What
that value would be is unknown,but would likely include the cost of the trail construction as well
as the underlying land value.
Page 45 of 58
RESOLUTION
A RESOLUTION AUTHORINZING THE SALE OF CITY LANDS TO THE STATE OF
MINNESOTA
Whereas the State of Minnesota is undertaking the St. Croix River Crossing Project;and
Whereas the State has requested that the City transfer certain Iands to the State to facilitate that Project
and supplied appraisal data for such property;and
Whereas that "Property", Parcel #39, containing a total of 1.36 acres +/-; containing all lands of County
Parcel ID# 0402920220001 and a portion of Parcel 0402920220002 depicted below.
a-
t4 Lands to be sold to STATE.depicted in RED 3
r, a
i
1 T,
y 7 t
4302920720001 0402 2
V
VT
tea'
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o ' ,�rH {R
A 4 N•othF
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Feel
0 37575 i50 725 300
Whereas the City does not object at this time to the amount offered to the City for the Property and does
desire to convey the property to the State but contingent upon the final execution of an Agreement
between the City and the State of Minnesota that ensures the continuation of the east-west trail way
connection now located in this vicinity.
NOW,THEREFORE,BE IT RESOLVED,that the City Council for the City of Oak Park Heights does
hereby approve the transfer of the Property to the State of Minnesota for the price of$44,400, including a
five-foot temporary easement for construction purposes to the eastern limits of land fragments found on
Parcel 0402920220002 and does authorize the execution of necessary documents as approved by the
City Attorney including an agreement that outlines State commitments to preserve the City's east-west
trail way connections.
Passed by the City Council of the City of Oak Park Heights this 25th'day of February, 2014
Mary McComber,Mayor
ATTEST:
Eric Johnson
City Administrator
Page 46 of 58
Trail Connections ►, /f
to be Installed by
the State (Shown
Pink) :fin
DRY -'POND
_ 11.0.'- �► 1 s' ra _ � ti
Trail to be removed by do 0 r r
T1
' c ya r the State
CLOSE '
N
e
;.., } -- °s ,� _• ti•} _ •a �- 5 . FRONT
MN To Restore this {
trail connection ' °'
AVM . . ...
9 tr- mow.
_.-. _� it I� -•"` z t � � ' ..�`
{ Trail Connections
to be Installed by
the State (Shown +
i� in Pink)
U f F
�'— NE ROVE {
`E
ObEN5 M tom+
Page 47 of 58
MnDOT Contract No: 05390
STATE OF MINNESOTA
CITY OF OAK PARK HEIGHTS
AGREEMENT
FOR TRAIL CROSSING IN VICINTY OF OAKGREEN AVENUE
Federal Project Number:
State Project Number(SP): 8214-114
Trunk Highway Number(TH): 36
Project Identification.: Trail Crossing Oakgreen Ave.on Parcel 39
This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State")
and the City of Oak Park Heights,a political subdivision of the State of Minnesota("City")acting through its City
Council.
Recitals
1. Minnesota Statutes§15.061 authorizes the State to engage such assistance as deemed necessary.
2. Minnesota Statutes§471.59 authorizes the State and the City to enter into this Agreement.
3. The State has acquired from the City a parcel of property in the vicinity of Oakgreen Avenue,identified as
"Parcel 39". State plans to utilize Parcel 39 for transportation purposes, including reconstruction of Oakgreen
Avenue, realigning 600' Street(south frontage road)and constructing a bicycle/pedestrian trail.
4. The state highway construction is bisecting an existing city trail at this location that runs east and west
through the City.
5. The City has agreed to forego full compensation for the loss of the city trail in consideration for the State
promises and commitments made herein
6. Therefore,the parties have entered into this Agreement to memorialize certain commitments concerning the
construction and perpetuation of the city trail through Parcel 39_
Agreement
1 Term of Agreement; Survival of Terms; Incorporation of Exhibits
1.1 Effective Date: This Agreement will be effective on the date last signed by the parties below,
including all necessary State of Minnesota officials as required by Minnesota
Statutes Section§16C.05, subdivision 2.
1.2 Expiration Date: This Agreement will remain in force until terminated in accordance with the
provisions of Article 11.
1.3 Survival of Terms: All clauses which impose obligations continuing in their nature and which must
survive in order to give effect to their meaning will survive the expiration or
termination of this Agreement, including,without limitation,the following
clauses: 6.Liability; 7. State Audits; 8. Government Data Practices; and 10.
Venue.
1.4 Exhibits: Exhibit A,a parcel sketch depicting Parcel 39; Exhibit B,a design plan depicting
the existing trails and the trials to be constructed as part of the St.Croix Crossing
Project in the vicinity of the Oakgreen/60''Street(south frontage road)
intersection, are attached and incorporated into this Agreement.
-1-
Parcel 391'rail Agreement
Page 48 of 58
MnDOT Contract No: 05390
2 Construction and Maintenance of Trail
2.1 As part of the St. Croix Crossing Project,the State will construct a multi-use trail across Parcel 39,
thereby maintaining the City's east-west trail through the City with a crossing at Oakgreen Avenue.
2.2 Construction and Maintenance of the trails along 6Q'"Stmt and Oakgreen depicted in Exhibit B as"new
multi-use trail"are compliant with the Cooperative Construction Agreement between the parties
identified as MnDOT Agreement Number 01432, specifically Article 3.4 of such agreement,which is
incorporated herein by reference.
2.3 This Agreement(#05390)covers the City Trail connections depicted in Exhibit B as"new city trail
connections"for which the City agrees to be responsible for all minor maintenance of the multi-use trails
through Parcel 39.
2.4 The State,by this Agreement,grants the City the full and unfettered right and license to access Parcel 39
as needed to perform City maintenance responsibilities,at any time and without notice to the State.
3 Perpetuation of Trail
3.1 Emergencies.Nothing in this Agreement will be construed to prohibit the State,as property owner, or the
City, in the exercise of its police powers,from temporarily closing the multi-use trail as necessary to
respond to an emergency condition on the trail,the property or the area or adjacent highway.
3.2 By the State. State will perpetuate the city's trail in the area of Oakgreen Ave and Parcel 39 in any future
State highway projects;however, nothing in this Agreement shall be construed to divest the State of its
right and duty to manage the transportation system in accordance with applicable constitutional and
statutory requirements.
3.2.1 If the State identifies a state project that may require an alteration of the trail or desires to alter the
trail in any regard,the State will provide written notice to the City that it is considering altering the trail.
Utility work that may involve a temporary disruption to the trail,(not exceeding 60 days)will not be
considered an "alteration" requiring notice,but any such disturbances shall be fully restored by the party
responsible for initiating the disruption.
3.2.2 After providing the notice required in Article 3.2.1,the State will meet with the City to consult on
future trail arrangements to ensure the continuity of an east-west city trail in the area of Oakgreen Ave
and Parcel 39;The city may approve the new trail route as part of the projects municipal consent process
defined in Minnesota Statute §161.164
3.2.3 If the State impacts the City trail so that it no longer becomes a viable trail way or interrupts the
continuity of the city's trail corridor,the State at its expense will replace the trail-way in accordance with
Minnesota Statutes §160.624 and 23 USC 109(m)and successor provisions to the City's reasonable
satisfaction.
Minnesota Statutes §160.264(2013 supplement)-REPLACING BIKEWAYS AND
PEDESTRIAN WAYS.
Whenever an existing bikeway,pedestrian way,or roadway used by bicycles or pedestrians or the
sole access to such is destroyed by any new,reconstructed,or relocated federal, state,or local
highway,the road authority responsible shall replace the destroyed facility or access with a
comparable facility or access.Replacement is not required where it would be contrary to public safety
-2-
Parcel 39 Trail Agreement
Page 49 of 58
MnDOT Contract No: 05390
or when sparsity of population,other available ways or other factors indicate an absence of need for
such facility or access.
3.2.4 If this statute has been repealed or altered at the time of the state project impacting the city trail at
Oakgreen,the State will relocate the city trail at the State's sole expense, including Iand acquisition,
design and construction,unless such action is expressly prohibited by state or federal laws,rules,and
regulations. This obligation is subject to the availability and encumbrance of funds for such purpose as
required by law.
3.2.5 Should the State not perpetuate the trail-way nor provide a reasonable alternative at the State's
expense and subject to the approval of the City as defined in 3.2.3 and 3.2.4,the City may then cease all
minor and major maintenance of the south frontage road's multi-use trails constructed in conjunction with
St.Croix Crossing Project,located between the western side of Oakgreen Ave and the Beach Road Bridge
and all such minor and major maintenance shall become the responsibility of the State. The state will
then maintain these trails in accordance with the states policies and procedures,but shall not become the
responsibility of the City.
3.3 By the City. The City will not cease operation or maintenance,consistent with other trails operated by
the City, of the trail without first consulting with the State and providing written notice of the City's
intent to cease operation or maintenance of the trail. If the City independently determines and
permanently removes portions of the trail west or east of Parcel 39 such that trail segment near Oakgreen
Avenue and Parcel 39 is no longer a viable east-west trail,the City will be solely responsible for securing
property rights for and paying for construction of the segment to replace the trail if the City desires to do
SO.
4 Authorized Representatives
4.1 Each Party's Authorized Representative is responsible for administering this Agreement and for giving
and receiving any notices required or permitted hereunder.
4.2 State's Authorized Representative is the MnDOT Metro District East Area Manager.
4.3 City's Authorized Representative is the City Administrator.
5 Assignment,Amendments,Waiver and Contract Complete
5.1 Assignment. Neither party will assign or transfer any rights or obligations under this Agreement without
the prior consent of the other party and a fully executed Assignment Agreement,executed and approved
by the parties.
5.2 Amendments. Any Amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the Original Agreement, or
their successors in office.
5.3 Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the
provision or its right to subsequently enforce it.
5.4 Contract Complete. This Agreement contains all prior negotiations and agreements between State and
the City.No other understanding regarding this Agreement,whether written or oral, may be used to bind
-3-
Parcel 39 Trail Agreement
Page 50 of 58
MnDOT Contract No: 05390
either party.
6 Liability
6.1 Each party will be solely responsible for its own acts and omissions to the extent provided by law. The
State's liability is governed by Minnesota Statutes§3.736 and other applicable law. The City's liability is
governed by Minnesota Statutes chapter 466 and other applicable law. By this Agreement,the parties do
not intend to create a joint venture,partnership, or other form of joint enterprise. If a court of competent
jurisdiction determines that the parties have engaged in a joint venture or joint enterprise,then the parties
intend for Minnesota Statutes§471.59, subd. I to apply, and neither party agrees to be responsible for
the acts or omissions of the other party.
7 State Audits
7.1 Under Minnesota Statutes §16C.05, subdivision 5,the parties books,records, documents and accounting
procedures and practices relevant to this Agreement are subject to examination by the parties and the
State Auditor or Legislative Auditor, as appropriate,for a minimum of six years.
8 Government Data Practices
8.1 The City and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes
Chapter 13,as it applies to all data provided by a party under this Agreement, and as it applies to all data
created,collected,received, stored, used, maintained or disseminated by a party under this Agreement.
The civil remedies of Minnesota Statutes §13.08 apply to the,release of the data referred to in this clause
by either the City or the State.
9 (Intentionally Omitted)
10 Venue
10.1 Venue for all legal proceedings out of this Agreement,or its breach,must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County,Minnesota.
11 Termination
11.1. By Agreement. This Agreement may be terminated at any time by mutual written agreement of the
parties.
11.2 By Discontinuing Use of Trail. This Agreement will terminate as of the date the trail is removed or
permanently closed by the City for public use,provided that the process outlined in Article 3.2 has
been followed,unless the parties have mutually agreed, in writing,that process outlined in Article 3.2
is unnecessary. If the trail is realigned entirely within Parcel 39,this Agreement will remain if force.
If all or part of the Parcel 39 segment of the trail is realigned to a location other than Parcel 39,and full
land ownership is conveyed to the City for the new trail,this Agreement will terminate as of the date
such realignment is completed, and parties will negotiate in good faith to enter into a new agreement
covering the new trail segment which shall also include and ensure long-term trail continuity.
12 Additional Provisions
NONE
THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
-4-
Parcel 39 Trail Agreement
Page 51 of 58
f
MnDOT Contract No: 05390
STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been
encumbered as required by Minnesota Statutes
§16A.15 and §16C.05.
Signed: NA By:
(with delegated authority)
Date:
Title:
SWIFT Contract(SC)ID Date:
No. NA
Purchase Order(PO)ID
No. NA,
COMMISSIONER OF ADMINISTRATION
OAK PARK HEIGHTS As delegated to Materials Management Division
City certifies that the appropriate person(s)have
executed the Agreement on behalf of City as
required by applicable resolutions,ordinances or
charter provisions.
By:
By:
Date:
Title:
Date:
By:
Title:
Date:
* INCLUDE A RESOLUTION
-5-
Parcel 39 Trail Agreement
Page 52 of 58
MnDOT - Highway 36 Exhibit -- A
Parcel No. 39-City of Oak Park Heights [Agreement#05390-January 2014]
DESCRIPTION & EFFECTS OF PROPOSED ACQUISITION i
LI DOT F+ 1 Wch
MWINESOTI,D PAIIThEENT OF TRANSPORTATION 'C. S. 8214(36=45)-905_ JOB TRWSP8214114
S. P. 8214-114 COUNTY -WA h ngton __ — PARCEL 110. 39
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Layout sketch by: KAB/LLA Date: Updated 10.19.20121 Updated 10.29-2012 Parcel No. 39
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Page 53 of 58
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Page 54 of 58
ENCL 11
Oak Park Heights
Request for Council Action
Meeting Date February 25t", 2014
Time Required: 5 Minutes
Agenda Item Title: Consider Policy on Water Service Line Freeze-Up_
Agenda Placement New Bu ' e
"4 Originating Departmen ques or on C' Aditiinistrator
Requester's Signature ar
Action Requested See Bela`
Background/Justification( lease indicate if any previous action has been taken or if other public
bodies have advised):
The City has experience approximately 25 homes that have had service line freeze-ups. These
service lines are private property,however the City has attempted to aid where resources allow.
The Council may want to consider a formal policy on actions to be taken and if the City will
provide an off-set on water/sewer for homes running water to prevent a future freeze-up.
A draft policy is attached for discussion and follows information from the LMC.
Page 55 of 58
City of Oak Park Heights
Policy Statement—Water Service Line Freeze -Up
1. In the City of Oak Park Heights, water service lines run from the main line to the home and
are private property; the water shut-off box (curb stop) is also owned by the property owner and is
their responsibility to locate it and maintain it in proper working order.
2. The City does not have the capacity to provide a service of thawing frozen service laterals to
owner occupied residences, owner-occupied residential condominiums and owner-occupied co-
operative housing nor to any other residence or establishment. Any such services should only be
provided by licensed plumber or other firm capable of safely thawing a water service line. The City
does not recommend any particular methodology to thaw a service line.
3. While the City cannot directly thaw a water line, it will as resources are available, aid in
whatever way it can, such as assisting in locating curb stop. The City will respond to calls in order of
calls received.
4. Calls received during regular working hours shall be responded to as resources permit. Calls
received after regular working hours will be responded to within sixteen hours of receipt of the call,
or as soon as possible after sixteen hours of receipt of the call in the event that other emergencies tie
up resources and make it impossible to deal with the thawing request.
5. The City reserves the right to deviate from this policy at any time if deemed to be in the
general public interest and protection of the health, safety and welfare of the public.
6. The City will consider adjustments to water and sewer billings based for homes that do run
water to prevent freeze-up. The City will examine previous billings to determine averages and will
off-set bill accordingly.
Water Line Freeze Ups-Guidance to Residents
• The most likely spot for water lines to freeze is where it enters the house/building.
• Make sure to clear the area of storage items so warmer room air can reach the pipes. This may mean removing
items from a vanity cabinet or in a utility room.
• Use heat tape.
• Use a warm fair dryer, but do not leave unattended.
• Make sure the roof vent is not covered with snow or is otherwise blocked. Snow build up over the vent will
cause the sewer drain to slow down. This prevents the warmer air in the sewer system from venting up the
house line and keeping the line above freezing.
• Monitor water flow in the nearest(to the outside) fixture closely. Run your cold water for a couple minutes and
then take the temperature of the water. If it is below 40 degrees Fahrenheit as a last resort, you can let your
cold water run from this faucet at a pencil thickness. (Source Minnesota Rural Water Association)
• You should run it non-stop when there is no one home or no water is being used for a period of time.
Ensure that there are no sewer blockages.
• Watch for unintended consequences of sewer or septic backups if running water continuously.
• If a home's thermostat isn't hardwired and relies on a battery, property owners should make sure that
battery is fresh.
Page 56 of 58
M1
ENCL 12
Oak Parr Heights
Request for Council Action
Meeting Date Februga 25th 2014
Time Required: 5 Minutes _
Agenda Item Title: 57`' Street & City Hall entrance—TefflporM Open to Two-Wa y Traffic.
Agenda Placement New Business
Originating DepartmentlRequestor Ma or Mga 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):
Perhaps as a temporary condition during the upcoming construction season, [would like the City Council to
consider holding a discussion about the opening of 57a`Street at the entrance to the City Hall to two-way traffic,
both eastbound and westbound.
STATE HIGHWAY 36
T TREET NORTN
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14
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traffic. (Tf.m oQ+,rty 35
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56 5643�
56Tti STREET NORTH
NORTH
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Page 57 of 58
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Page 58 of 58