Loading...
HomeMy WebLinkAboutUntitled (2)ilr CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, OCTOBER 25 , 1993 Staff reports were reviewed prior to the regular meeting. Regular meeting called to order at 7 :00 p.m. by Mayor O'Neal. Present: Schaaf, Kern, Seggelke, Doerr, Vierling, Swanson, Kellogg, Richards, Anderlik and Wilson. Clerk read public hearing notice and presented affidavit of publication for ordinance amendment relating to the restriction of railroad locomotive bells, horns and whistles within specified hours while traveling through the City of Oak Park Heights. Mayor called for comments and discussion ensued. Kern, seconded by Doerr, moved to close hearing. Aye votes cast by Kern, Doerr, Schaaf and O'Neal. Abstain by Seggelke. Hearing Closed. Schaaf, seconded by Doerr, moved to table above Ordinance Amendment for further discussion. Aye votes cast by Kern, Doerr, Schaaf and O'Neal. Abstain by Seggelke. Ordinance tabled. Doerr, seconded by Kern, moved to direct staff to draft policy on removal of trees in the city. 5 aye votes. Carried. Seggelke, seconded by Schaaf, moved to approve Development Stage PUD for the East Oaks project. 5 aye votes. Carried. Park Commission will meet at City Hall, Monday, November 15th at 6 : 30 p.m. Seggelke, seconded by Kern, moved to approve City Engineer to prepare an estimated cost study for a unisex restroom at Brekke Park to comply with ADA regulations for 1994 project. 1) on the pavilion deck. 2) adjacent to the pavilion at upper grade level. Project not to exceed a certain figure to be determined by the Park Chairman and Councilman Seggelke. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to appoint Janet Robert to the Park Commission to fill unexpired term of Jackie Patrick through the end of 1993 . Aye votes cast by Seggelke, Kern, Schaaf and O 'Neal. Abstain by Doerr. Carried. Seggelke, seconded by Schaaf, moved to direct City Clerk to advertise for rink attendants in local papers starting November 29th through December 3rd. Interviews to be held Saturday, December 11th for council approval December 13th. Salary to be $5.00/hr. for new employees and $5 .50/hr. for experienced employees. 5 aye votes. Carried. • • CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY October 1, 1993 The Courier 126 South Second Street Stillwater MN 55082 Gentlemen: Please publish the following the week of October 11, 1993 . NOTICE OF PUBLIC HEARING ORDINANCE AMENDMENT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN, that the City Council of the City of Oak Park Heights, Washington Co. , MN, shall conduct a public hearing Monday, October 25 , 1993 at 7 :00 p.m. or as soon thereafter as time permits. Hearing to be held at City Hall, 14168 N. 57th St. , Oak Park Heights to consider an Ordinance Amendment restricting railroad locomotive bells , horns and whistles within specified hours while traveling through the City of Oak Park Heights. Proponents and opponents shall be heard at this time. Dated this 1st day of October, 1993 . BY ORDER OF THE CITY COUNCIL. L- La Vonne Wilson City Administrator/Treasurer 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 iiiiitiiiiiii- • r Affidavit of Publication : (7---=, , THE COURIER Ii u • OCT I51993 STATE OF MINNESOTA ) )�+ 'L' COUNTY OF WASt11NGTON ) Robert P.Liberty,being duly sworn,on oath says that he is the publisher or authorized agent and, employee of the publisher of the newspaper known as The Courier,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a t qualified newspaper,as provided by Minnesota Statue 33tA.02,331A.07,and other applicable laws,as i The Courier News, Oct. 14, 1993 amended. NOTICE OF PUBLIC HEARING ORDINANCE AMENDMENT (8) The printed CITY OF OAK PARK HEIGHTS CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY BIVEN, that the City ' Council of the city of Oak Park Heights, ORDINANCE AMENDMENT Washington Co., MN., shall conduct a public hearing Monday,October 25,1993 at 7:00 p.m. RAILROAD NOISE or as soon thereafter as time permits.Hering to which Is attached was cut from the columns of said newspaper,and was printed and published once be held at City Hall,14168 N.57th St.,Oak Park Heights to consider an Ordinance Amendment 1 Thursday 14th restricting railroad locomotive bells,horns and each week,for successive weeks;It was first published on ,the • whisites within specified hours while traveling day of-Qcober QQ3 through the City of Oak Park Heights. y , 19' , and was thereafter printed and published on every to Proponents and opponnemts shall be heard at this time. and Including the day of ,19 ;and printed below is a copy of the lower Dated this 1st day of October,1993. BY ORDER OF THE CfTY COUNCIL. case alphabet from A to Z,both inclusive,which Is hereby acknowledged as being the size and kind of /s/La City Addminimini Wilson type used In the composition and publication of thee�notice: 10/14/93 abcdefghi)klmnopgrstuvwxyz TITLE:Publisher Subscribed and sworn to before me on this 1 y "a.419-C4-3. A�.t �iY it#.Y'r d`,'� � ,: .. r�p",.,A/ ,' SUSAN C. I-Tit } , mr. Notary Public ivtinnt;sota (= r FAA". Washington County C• ` �, •6 v M Commission Expires 9/18/96 , ,, <,, o ary Public y , �.. : ar�r�r�w�rv*r�r�v RATE INFORMATION (1)lowest classified rate paid by corn- 1 -0 6 mardat users for comparable space. S- (Line,word,or Inch rate) (2)Maximum rate allowed by law for the above matter (Line'word,or Int<#t rate) i (3)Rate actually charged for the above matter $.--- -(�,--- -�--- (Line,word,or Ince rate) ' Received Payment 19 The Courier By • • , CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, SEPTEMBER 27 , 1993 Staff reports were reviewed prior to the regular meeting. Regular meeting called to order at 7 :00 p.m. by Mayor O'Neal. Present: Schaaf, Kern, Seggelke, Vierling, Benson, Richards and Wilson. Absent: Doerr, Swanson and Butler. Seggelke, seconded by Kern, moved to direct City Arborist to prepare plans and stipulations for tree removal project in the following priority: 1) Dutch Elm removal. 2) Pruning to provide clearance for snow plowing . 3) Identify all boulevard trees in conflict with City Right of Way. Quotes to be opened October 12th with removal by November 30th. 4 aye votes. Carried. Seggelke, seconded by Schaaf, moved to direct City Planner, Engineer and Legal staff to formalize a general parkland dedication policy statement utilizing graph as laid out by City Planners , with concept approval by full council. 4 aye votes. Carried. Park Committee will meet at City Hall, Monday, October 18th at 6 : 30 p.m. East Oaks project to be an agenda item October 25, 1993 . Schaaf, seconded by Kern, moved to direct staff to acquire one or two additional quotes for energy-efficient lighting at City Hall. Aye votes cast by O'Neal, Kern and Schaaf. Abstain by Seggelke. Carried. Kern, seconded by Seggelke, moved to direct City Auditor to prepare a financial plan for the street reconstruction project for October 20th informational meeting. 4 aye votes. Carried. Schaaf, seconded by Seggelke, moved to direct Public Works Department, at their discretion, to proceed with second street sweeping project at a cost of approximately $1 ,000 .00 and to be completed by the end of October if possible. Aye votes cast by O 'Neal, Schaaf and Seggelke. Abstain by Kern. Carried. Kern, seconded by Schaaf, moved to authorize City investment in the CT Treasury Fund. 4 aye votes. Carried. Schaaf, seconded by Kern, moved to schedule a public hearing Monday, October 25 , 1993 at 7 :00 p.m. relating to the regulation of railroad activities. Aye votes cast by O'Neal, Schaaf and Kern. Abstain by Seggelke. Carried. ORDINANCE NO. 93- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AN RESTRICTING RAILROAD LOCOMOTIVE BELLS, HORNS AND WHISTLES WITHIN SPECIFIED HOURS WHILE TRAVELING THROUGH THE CITY OF OAK PARK HEIGHTS The City Council of the City of Oak Park Heights, Washington County, Minnesota does ordain: Section 1. Amendment. The Code of Ordinances for the City of Oak Park Heights is hereby amended to add a Chapter 1123 entitled Regulation of Railroad Activities: Section 2 . That Chapter l?of the Code of Ordinances of the City of Oak Park Heights is herewith amended to add Sections 1, 2, and 3 thereof to provide as follows: 11 . 010 It shall be unlawful for any engineer, conductor, operator or person in possession and control of a railroad locomotive to ring the bell, blow the horn or horns, or sound whistles or other auditory devices on the locomotive within the corporate limits of the City of Oak Park Heights between the hours of 10: 00 o'clock p.m. and 6: 00 o'clock a.m. except in the following circumstances: (1) To warn of immediate and/or threatened danger to person or persons or to property if the person so activating such auditory warning devices has reasonable grounds to believe that person, persons, or property are in eminent danger of collision or contact with the train or locomotive; or (2) When about to move the locomotive from a stationary position. L 113/. 020 Prima Facie Evidence. In any prosecution of this Ordinance it shall be prima facie evidence that the person operating or in control of the locomotive at the time was the person who engaged the uditory device, bell, whistle, or horn. A. 11 . 030 Petty Misdemeanor. Any violation of this Ordinance shall be a petty misdemeanor punishable by a fine of not more than $200. 00 . . ` , j 411 Section 3 . Effective Date. This Ordinance shall be in a full force and effect from and after its passage and publication according to law. Passed by the City Council of the City of Oak Park Heights this day of , 1993. Barbara O'Neal, Mayor ATTEST: La Vonne Wilson City Clerk/Administrator 2 • LAW OFFICES OF O PI ECKBERG, LAMMERS, BRIGGS, WOLFF 8: VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX (612)439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER September 27, 1993 SUSAN O.OLSON The Honorable Barbara O'Neal Mr. Jack Doerr Mayor, City of Oak Park Heights Councilmember 5495 Oakgreen Place No. 14520 Upper 56th St N Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. David Schaaf Mr. Dick Seggelke Councilmember Councilmember 6201 St. Croix Trail No. , #121 14256 - 57th Street N Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. Dean Kern Councilmember 5885 Oldfield Ave. North Oak Park Heights, MN 55082 Re: Ordinance - Restricting Locomotive Noise Dear Mayor O'Neal and Council: Enclosed herewith please find a copy of the Ordinance that this office was requested to prepare as it affects the noise generated by railroad personnel approaching public safety crossings in the later evening hours throughout the City. If you have any questions regarding its content, please do not hesitate to contact me. Very truly yours, Mark J. Vierling MJV:sms Enclosures cc: La Vonne Wilson 0,--- • ' CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, SEPTEMBER 13 , 1993 Staff reports were reviewed prior to the regular meeting. Regular meeting called to order at 7 :00 p.m. by Mayor O'Neal. Present: Schaaf, Kern, Seggelke, Vierlin5, Anderlik, Kirmis, Benson, Butler and Wilson. Absent: Doerr and Swanson. Clerk read public hearing notice, presented affidavit of publication and mailing list for subdivision and planned unit development request submitted by East Oaks, L.L.C. Mayor called for comments and discussion ensued. Seggelke, seconded by Schaaf, moved to close hearing. 4 aye votes. Hearing closed. Seggelke, seconded by Kern, moved to grant PUD concept approval on above request subject to the conditions listed in the executive summary submitted by Northwest Associated Consultants, Inc. dated September 9, 1993 . 4 aye votes. Carried. Seggelke, seconded by Kern, moved to direct City Attorney to review unisex bathroom facilities for American Disability Act requirements at Brekke Park. This recommendation will influence the next step to be taken. 4 aye votes. Carried. Park Committee will meet at City Hall, Monday September 20th at 6 : 30 p.m. Kern, seconded by Schaaf, moved to schedule an informational meeting on the Comprehensive Street Plan for residents in Area A. Meeting will be held at City Hall, Wednesday, October 20, 1993 at 7 :00 p.m. 4 aye votes. Carried. Kern, seconded by Schaaf, moved to expend $53. 26 to cablecast the above meeting. 4 aye votes. Carried. Seggelke, seconded by Kern, moved to ratify proposal submitted by , John Heinlein Construction, Inc. in the amount of $ .5. % : di complete ADA requirements at Valley View Park. ■nding is available. 4 aye votes. Carried. Seggelke noted special thanks to Oak Park Heights' VFW Club #323 for their $1 , 000 .00 contribution for ADA requirements in the parks. Schaaf, seconded by O'Neal, moved to direct counsel to draft an 714 ordinance restricting railroad locomotive noises between the hours of 10: 00 p.m. and 6 :00 a.m. Aye votes cast by Schaaf, Kern and O 'Neal. Abstain by Seggelke. Carried. Schaaf, seconded by Kern, moved to retain regular premium options for workers' compensation. 4 aye votes. Carried. • • C PY LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE �\\• STILLWATER. MINNESOTA 5508< © a V E `\ LYLE J. ECKBERG D (5 23 439-2878 JAMES F. LAMMERS FAX 812) 439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER September 2, 199; KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON Ms. Barbara O'Neal Mr. Jack Doerr Mayor City of Oak Park Heights Councilperson 6213 St. Croix Trail North 14520 Upper 56th St. No. #204 Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. David Schaaf Mr. Dean Kern Councilperson Councilperson 6201 St. Croix Trail #121 5855 Oldfield Avenue North Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. Richard Seggelke Councilperson 14256 -57th Street North Oak Park Heights, MN 55082 Re: Regulation of Railroad Activities Affecting Ringing Bells, Blowing of Horns or Whistles • Within Corporate Limits of the City Dear Mayor and Councilpersons: At the last council meeting the City requested our office to review a copy of Bayport's Ordinance 643 which regulates the blowing of whistles or warning devices between the hours of 10:00 o'clock p.m. and 6: 00 o'clock a.m. within the City of Bayport by engineers or operators of railroad locomotives and determine whether or not the City has authority to do so. Generally, municipal corporations have power to exercise regulatory control over activities that may be determined to be a nuisance or otherwise raise issues of public safety within their community. As it affects common carriers and railroads and other aspects of the transportation industry, those powers can be reduced or eliminated by state legislation, federal legislation or any activity of a superior government body that preempts the field of regulation on that particular activity. Even when a city does have authority to regulate such a carrier, all ordinances must be reasonably tailored to address the specific issue within the City' s r•nn+r.�l f-^ 'a°3oise OPC�inance° matter in a way which does not impinge The council asked that an ordinance be drafted regarding noise related carrier which are within to trains passing through Oak Park Heights at night.The city has received ernment body. complaints about the train whistles being sounded late at night. Bayport has an ordinance governing the times when whistles can be sounded. The council has studied that ordinance while considering its own. City Attor- ney Mark Veining suggested that the prad _r onac �be c about the ordinance for their input before the council considers passing it. V3 r ' Page 2 September 2, 1993 To: Mayor O'Neal and Councilpersons Re: Regulation of Noise Control During Certain Hours In the State of Minnesota, state legislation does exist in the creation of a Transportation Regulation Board and other statutory requirements on railroads which are superior to the authority of municipalities to regulate. However, those state boards and statutory requirements are not exclusive nor have they so preempted the field of regulation so as to exclude municipal control over local issues such as the ringing of bells, blowing of whistles, horns and the like by railroads within municipal limits. Minnesota Statute § 219. 567 requires engineers on locomotives to ring bells or sound whistles within 80 rods where the railroad crosses a traveled road or street on the same level; however, that legislation specifically excepts its application within cities. The issue on municipal regulations on these types of activities has been previously dealt with in the Minnesota Supreme Court case of Larson v. Lowden, 282 N.W.2d 669 (1938) which specifically permits municipal regulation of these types of activities. I am attaching a copy of the Larson case as well as Minnesota Statute § 219.567 and the Bayport Ordinance for your review. It is our opinion that based upon this authority, the City would have regulatory authority to pass a like or similar ordinance to that which was adopted in Bayport to regulate this type of activity should the City Council so desire to do so. Should the City desire to adopt such an ordinance, we, of course, would have some recommendations on language adjustments that could be made within the ordinance to make it more clear and enforceable. Very truly yours, Mark J. Vierling MJV:sms Enclosures _ _ • 4 • ' • i m O- -5 -4 .... . .., ..- - -•..N..•w •, a O m 2 n nt'O O ^ Sb .0„.....„.- m av n g,B•2:191 n ^.n •°, E ='n».n m 0 7� ^`< Ho, K Q�i �^ 7 ^'•, ,E a n e n' n'6 O n , .^.^ •ai n m w d N ^ D ^ ^m.°' « a•g ^ rm.... ..m. OD N,g.g N ^ S` nn ; g...g « a^« yd yq'roo'w +$ .1ccc =.cou^, n c p< » Sw .c 5'a ^, � n d n 7'O n 7 w •n w n w ° foe , 7 O « ^ N'�• =?�= o3Dr- ^ _^m-�`�. �'�-",�, w_ o ,«,w,w � Q:� a.. c ='m a_ ° 7•, nwp �•'o.^ c,� on ??p C n ^ d < w ^ O n G _ n -n " D T •e g m y.w.. A W ^7 S ai O £ c va, L , n •°+ •^i .^T m .or.'o,^. w -- R 00 m O.W O ^ ^y > > .. p S..,p . -7•p'`e p n o C io 7 n rr'.� S C.ui^o `on O �•ti n �' n i, S O N d n D g w•a n g. ,^y r,, w ° a o ,°,. •^.0 d a s A ? O n p ° ° < O n^. - 5 -n 40 S K n n p?' ^ aL m •-r n n g n ^ n < nm 'N°. a w • g 5...07p n O D n o ^ a'w •, _ .o oc cep ma min L °Tig ' dannavg awn ,, =S a ' ...-nwo - - -, = = naD • n « a=^_,w -•r, a 7 S n w O n c8 ',°„w n o a .-n.-nn r..,n --D= a w w n a c L n D•� .a^.a n.^<•e^§ ...,...2--mt. .-O _- `• 8 o 7 a " 1° O n ^•w N r C. w £ L n N 0 ^.< n° ° ° •^ o m c O n w m N a V7 ^ n L .-:' o n ...�, Y. 7 ., b O o .1 a n E ^ a S O' .+ O '., G D O N O N L ror O o — o m ° 7 0 vO • d T, .7i � ° L a p•� � � a.,- n � S o °'d N � 7 7 d w .w Q° d.^..0 `S.w ^ c . S o w N H y y N S m £ V " n E L n : S w g 7 g n xn n n �' '�' n yo'< ^ <� m ^v« m.o. '° ;; a m ^ 0 0 o a o S= D O.w,C g,E ^•.7 •� �:.`:m .^. G w n a �'7. r. „" .,m VQ ^w^ w ^ O < �,iT S.. ° n C r�? n a a o a n o m 7r- w $no ^ a- aS'aa ;;, n.e7S• am - ns' Ngcmkom ^ oosu, - .7°,=•c nnoP= N.00a y onn , arv °..... So ^ Nn0�'gon ° nn no . .- H n,^Ou'i'an On ^ Nb ».'^ a^Og >m . ": n *,ngnn D'N ^nPm x t n D en'C on...�•O m'O aQ.•n, p � pony V^ � yL O .m •a ng r0 n, n ", ne� 9n`< .w H n n nn No 3 ' o'c '" °` ^ °,,;•o fi .a'.^. ." °e n .'°r. 6, P,-nn °'d,?n y'n_-_N c° L N w , g ° a°'5 n o . m 'E rt o•mc m n n w.w m- ^^-, 7 n w n .vdd?wo a3- ° c, =5••o.°.: g.,^y ?u y $ w N °,E,.1 8 • w. nR°4na »: ao5•F.ywm an a T xao$ 4 ^a° °w2.a.<47-4.L7 m4 �.^ zm,-n'" :'V».o4^ aoi % o•a - . a? . n� �. pogng ., -^ rno n gnw•£ wwn £ aomF(Ty;,p r m ,n� gsCa•w- 5 - F:., - . 2. . - z,...,, o Qan.°p .`..gr•tV^ aQ3 . r,50.- 2a . w �gavnn. n-.� » er. ^,..^.n°, ov ^ FL^° - "s.. �N4-il, 7 < n H:: < 7 g. - n :. `< nA o' ca < ?w nD N .. .?:w ca . 7 -.!„.0= mn. nn,:„.." c$" . 5•cv.gy. ;.„ . , ww ° ' a« » 73Nne.. rm7. ^a.e° . o < o T,,v4 pdr mnQ8,.+.^ wwN -^ wnwS, w °a^, m^ r°aa »".'r_om ».n'" o^3 a5m m, $ nm �•nn'o O nn0 .. ,7 nN -lp "',^a4 nC ° 6D= w -...en = Nmn _.V' C 7 �, •'_"SO•G, N ^^ ' � N.nW6 7' -2 = ;,-""`...8 :0-4 -En D _''g'.r.° s�,.,'-. ° F.v. -. .e °L < ^Na2,1'< °nn ; >^ o, °c9 "' a^ E`rn 1 0-7..= -D .wn:'- ^ T. n n N.m.•'O ^n z z�'" - Z oe "0 ar '° e--^ n m 5 .. ° o t"eNn 3.w^. p•8 c g c •.e m •. `O n g N'-• n a s ` .i «•�.S D ?; ?•, V, n X•E P+ a•C 7' m O i o „Xm$, . g•,- e..-as .<i P nw H0-v1_ 102.... g'-•ugr na< n , = LA p..'owwn .a.o� mp' at.?.nn' n n m'O 'n,n .°.. s. S y n 7 D ' n w ^^ m 5 .q n N'm ^ w n . S w., , • a r^. •pK,0 O n w D d« < O ror < w" •, •° O^ m N7i':a n { y• a 7^'=.4 g.^ V 5•' < ^ D cea n T N. C 0 m'�n P• - .4 y a•.^a., n.rt 0 P,a y a >' m ^ �, d w G p.D.N >,. m ^ a ^ ^ wti 'oo" n ^ A ^q r a° ' onaao'...a:< e'° on '<° 77 n ogc°� ° n? III • r°i•-. .° r. n w M S R p °... �. O.- n . ^. n n -• p m e, 8 m ^- ., .p'° 2 .a s C n 9 .a.' W °5 o Q -, d 9 ap,a n 9 °c > ,,r :° ^ ,, .n. ? ^"m $ °: .^ c m ^ a I o, ° r.» a?. d °.^a •.''a m E ° o fl o N b1 0 3 ° n ' c 1 a °O £ E.o" g5- 01:o Sp .a e n ^ R ° 5° o �' » R � o E!= '`'� n•7n 2 aw--;8-5� .^2 caw ' g ' °, 4m - O^ . R81► m$ ^ ° ° ms -14 ." : 8r; P. a n n v^ 2 "A' . Fr' c " m ° - aS�a g s a o W a ` a er m a e 9 q.° S. -v » pm G. o a n p ^ ...w n 09 '1E5. d o w 2`-p v.O„ e ^ X G n a O n.- $ °'., j .4T. g'?* 4 P o'.tm 2.H .'".,p n n '�o �=° 2 5 M °i G•? a a w S y y n e M d '•' F C a 2 ° ^ 5 n ° t�• j «•9 a yi" O ^ ^ O 3 O p.y r a x,n..fD n a o S"0'O•^ ."2. w ao.w m == a"'+ C r"d C E v a n e, m m� E G C w N a a ^ a -2 7i 9 a eg r, m " 'a o " f w a. ro - n a�io fi n, .?° " m a P T.0 a e a e 8 ° cn R° " o 3a .` w yd sE?R °'r9 ` o' cmw.a , 7r.=. ""'O eD0062 vrm^ ' o tio000 w `Cf w n f m.2 n y ^ r 5 2 3 2 , ^ ^y t ° an, ^ o n ^ 0 0 -e p ° A .�. M . m` m'a �&, k b a Oi q N � � V.. ncapr Z•" A eif Ep_ SC ��r°'.o, a � ° A,rrlkp, � Xs, 00 °° ae 0 .F" p ^,, 5--5-' ` L'a 2 E Pi ,�7 G '^a, E w o fD 1U! ;o ,. n•X a a 0 C C . p 4 n•ag t•�^ ^ ^ r e,n "o a . 10 a m e o n d o o !; ° 0 "' . 2 .,,'° _ c ,s_B m L• on ? m r o c a n� a c ° a _ o 3 v y� 2 oo '"' w c" ,Qa 2,o n `.m tla°' ao'g g"' P`n c y d A4 a °lp r zm3 °n . O N 9 m ., '° "' a ° ^ ^ c e ro' o° n -' m n n. e> _' "ro °'.�° "t " w "a„ m .O•�ero a e� p = R f: y ° ° yE .m. 4.ab &y fec Sga rce V° a °e ^ g.." ^ c,' m p'd9n ^ a a mco ^ c o Lq ^ a C � .yam, !1, 1-Ea ^ P a. O.°j n ^ n G2•°. CY C m er6 O ro °..�• � m` B tRa y^�C 0°'. r a aa.ael.9 .7 0. 248 7 ,1 0 52.5' FV4'- ^^. a4^e :if; L7gi 0. i g rw,n wCe ,,o-•a o w ^ 5•°_'.2•5 .4 v-6•:. o n z So `a'^ E m n 3'g g•o ob-,,,m 5 vii.••1», ,-§ ,Ta.c Vr a a7 el •O O ^ O O p, n n n 'n -, ^ .."i n o n O .�°. ^ y .. w w S tri O n 77 • R,w w a 4G''j .^ N e0 ° ti 7 o a 2,' g.'S- o !! � a p, V a 0 •Y ('a`°• b y $ � � n �n 3 .^. i n ac c d c :o �'a3 � ^ >• a a' t+i a .. a:N .°,m R. o w t•� . "a p i ' 410 • , , , . • t y - N C3 tb. N1JIh A.C c°i '`Z w.WC N 0 0 O b ''' `e n ?o a •.""^M b,' •! '<° C r c •' r'7`nom W^ .0" n 7 G°070 a i•' < ° w n c 'nn 0 3 n C u n 00 C.v"'...3 a ° �, pats; A= y. °'7 to< ^ a w N 7 �%< NM<' a� n Pe. a` S O .. 7 a �.SX'•S" �^ 'D 3• '" •c S S'n N _ . < w _ _ .. n n n n < ti N C C • ��. ;, n^ a. !-+o �.� -�o < 30, y° .>•n 77 '< 7'N7 n £ £ wn ,,,3., 7:n •na7. «v o 7w ^l') o • 'o " w w �,^'i N; ► x o '" .. ,w .0..-,7" 0 47n E " . o3'r. ` 3' ro p 1 ,p P"�'•tv n o 7' 3 p,t o Ln o n A �" n o Q.^ n 7 a S p n oa 7 rJ..E. w '+ 0. � oxw z$C ww .R°. 37f^ nE.n'r `^f .Cnn „ ,.. p•'°▪ ^•n 7n F.a.Q;O o.^ °7• `:K, r' w C 7 ^w ...E-5 F ' N y d z N ro� » ' " ;rn ° m c - c 3•o a n £ 7 n w 7 a a w'< "g r7.•°�..o S w a w �•�°' o '' w p•o. C 7.n E, n'� bN 47 bE.rx'.. .. �:n 7 O ;,;an np4 7 _ w -nai- .L.' S ^''' w < n 0.^.•6 0 nv '^^7. m •.ty.a O r N r `','< p n .N'a•P•-,VA.-. n A na. O C t)n n n n t ^ 'a^ n n •O •' OQ N 7 -,i212:4 O ry'1 V g C ^ c n ^ •O C- O .M b pp n CI.E =E r•'7 n 7 7 7°' a n < a ayw f "O_ n ^ N . n ° oNa.. c . _n n O b c�wOann 7r.na ^ $f,° •A .i N w 7 c,py..7' ",< N E. _ O'^ O -g n 7 n Nr N p w• 7 y. n w n'-" b n 7 w`n W C a x .wrT ,• E ^ w 7 n '^ N n w b „7'.,7 nn E`a pW,�� won 3 a o y 7 c n ^`< °, N o N n.«. ::,,:Fy 7;n r p,£.n n c prt Y n Eov ,o ,g++ o.�• ^..ro y 7 . n o - C7 E.^ M O-< t/1 n c 3 a.0 <7; ; WO =n O .5-N n .n as, ▪ n .a an g n- 2 y N r ^- 'g.-.-7•n c a w^ r.n 00 N 13 '3." a n n n rt.w .. x £ 7 <o.n? • ER wo ^n om n.S ',TE' wnro^ c°•c % 7.3•g = ...1`e.p 2 P.^ 7 �na ,�g w v'C o.P Z 79 Vr•Zn C�dw -7'a O• 00O nC -,1.00 O7nn 7 g .< o�D " pS TN O 0p y^ i".', = " X)!^ < a g _` `. •a w "4 " F-V . 5- ...n w=•�.£..w 7.. o O 3 O, n ri�t a D•�" Zf �7 c C'.< 3 7 p' N w ^ re n '47 r'o j. y °' a ►3 i.. G. n .`J�°' A O" -•$ N n o � •� a 0 7 V 7 S7 ^j ,SrC a n •^.r^ N �c O..•n an ,v.n7J� .o. • N'•"= ii f i 219.562 RAILROADS 1234 1235 1 , j vided for in subdivision 1, it may be submitted for final determination to the board =t Sub( I after notice of the hearing to affected parties. Y` parry sha. �� Subd. 4.Penalty.A railroad company,or its officer or agent,violating this section warning 1 i �l is guilty of a misdemeanor. departure. �, History: 1973 c 64 s 1-4; 1975 c 282 s 1; 1976 c 166 s 47;; 1980 c 534 s 46; 1985 c of forest r 1 265 art 4 s 1 pang sha. i Sub(' 1 219.565 ENGINEERS WHO CANNOT READ. patroller An officer of a corporation is guilty of a gross misdemeanor if that officer knowingly and extir. t employs, as an engineer or engine driver to run locomotives or trains on a railway, a within w person who cannot read the timetables and ordinary handwriting. Subc Also,a person is guilt of a meanor p y gross misdemeanor if that person is unable to read the cation fo. timetables of the road and ordinary handwriting and acts as an engineer or runs a loco- motive or train on a railway. Arai. Histo by a fine c ry: (10261)RL s 4999; 1985 c 265 art 4 s 1 onment i 1 t 219566 INTOXICATION OF EMPLOYEES ON TRAINS OR BOATS. `,-, Histc Every person(1)employed upon a railway as engineer,conductor,baggage master, art 3 s l; brake tender, switch tender, fire tender, bridge tender, flagger,or signaler, (2) having - 219.58 charge of stations, starting, regulating, or running trains upon a railway; or (3) 21959 employed as captain, engineer, or other officer of a vessel propelled by steam, who is - intoxicated while discharging those duties, is guilty of a gross misdemeanor. 219.60 Histo . I . . . !.!•, 219.61 219.62 219.567 FAILURE TO RING BELL. 219.63 An engineer driving a locomotive on a railway who fails(1)to ring the bell or sound - . the whistle on the locomotive,or have it rung or sounded,at least 80 rods from a place 219.64 where the railway crosses a traveled road or street on the same level, except in cities, An e or(2)to continue ringing the bell or sounding the whistle at intervals until the locomo- adjusted tive and attached train have completely crossed the road or street,is guilty of a misde- - lar vehicle. meanor. shall not History: (10263)RL s 5001; 1985 c 265 art 4 s I employmc five,tende 219.568 • 4 • OLATI e N 01, DUTY. - uted to th An engineer,conductor,brake tender,switch tender,train dispatcher,or other offi- r: standard• cer,agent,or servant of a railway company,who is guilty of a willful violation or orris- }Este sion of duty as an officer,agent,or servant,by which human life or safety is endangered and for which no punishment is specially prescribed, is guilty of a misdemeanor. 21945 1' History: (10264)RL s 5002; 1985 c 265 art 4 s I ' 219.66 21957 PREVENTION OF FIRE. 219.661 Subdivision 1.Spark arrester.A company operating a railroad shall use upon each The 1: locomotive engine a good and efficient spark arrester,which the master mechanic shall rail withir have examined each time before leaving the roundhouse.The master mechanic and the within vie employee making the examination are responsible for the good condition of the spark Histc arrester. However, the company is not relieved from its responsibility under this sec- ti lion. 219.662 Subd. 2. Clear right-of-way.A company shall keep its right-of-way clear of com- Subd: bustible materials, except ties and other materials necessary for the maintenance and speedome. I operation of the road, from April 15 to December 1, annually. within the I' 1 Subd. 3. Fires tended, reported. No company shall permit its employees to leave Subd. a deposit of fire,live coals,or ashes in the immediate vicinity of woodland or land liable of October to be overrun by fire. An engineer, conductor, or train crew member discovering fire tors or spe adjacent to the track shall report it promptly at the first telegraph or telephone station an additic reached. October 1 I. t . i. 1 1 9 AUG-04-1993 12:24 FROM C TY OF BAYPORT, . TO • 4390574 P.02 , . ORDINANCE NO. 643 AN ORDINANCE RESTRICTING RAILROAD LOCOMOTIVE NOISES BETWEEN CERTAIN HOURS WITHIN-ThE CORPORATE LIMITS OF BAYPORT The City Council of Bayport ordains as follows: Section 1 . It shall be unlawful for an engineer, operator or -driver of a railroad locomotive to ring the bell, blow the horn or sound the whistle on the locomotive within the corporate limits of the City of Bayport between the hours of 10:00 p.m. and 6:00 a.m. except: a. To warn of immediate and/or threatened danger to persons or property. b. When about to move the locomotive from a standing position. Section 2. In any prosecution of this ordinance it shall be t; prima facie proof that the person operating the locomotive at the time was the rson ringing the bell blowi. the horn or soundins the whistle. Pe $ , blowing Section 3. Any violation. of this ordinance shall be a petty misdemeanor punishable by a fine of not more than $100. • • section. 4. This ordinance shall take effect and be in force from and after its passage and publication. Adopted this fe day of J4 /iii , 1987. Mayor Attest: .d-t. J 7,,(,/4_,.- ity Clerk • CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, AUGUST 23 , 1993 Staff reports were reviewed prior to the regular meeting. Regular meeting called to order at 7 :00 p.m. by Acting Mayor Seggelke. Present: Doerr, Kern, Schaaf, Vierling, Anderlik, Benson, Butler and Wilson. Absent: O ' Neal. , Clerk read public hearing notice, presented affidavit of publication and mailing list for sign variance request submitted by Greenbriar Partners. Acting Mayor called for comments and discussion ensued. Schaaf, seconded by Kern, moved to close hearing. 4 aye votes. Hearing closed. Schaaf, seconded by Kern, moved to approve the above request due to the nature of the Holiday Sign and loss of parking spaces. 4 aye votes. Variance approved. Kern, seconded by Schaaf, moved to adopt Resolution #93-08-36 approving low bid from Allied Blacktop, Inc. in the amount of $30 , 987. 60 for the 1993 Seal Coat Project. Roll call vote taken with 4 aye votes cast. Resolution adopted. Doerr, seconded by Kern, moved to approve Hall water drainage project as presented by City Engineer and direct staff to add fill material, black dirt and seed. Finance Director to check on funding. 4 aye votes. Carried. Schaaf, seconded by Doerr, moved to approve payment of the following bills submitted: Buberl Landscaping - $25 .56, Heinlein Construction - $4, 320.50 and $3, 040 .00 . Costs for sidewalk to be taken from Contingency Fund. Details available at clerk' s office. 4 aye votes. Carried. Kern, seconded by Doerr, moved to authorize "Draft" Comprehensive Street Plan Report to be prepared based on August 10, 1993 workshop. Informational meetings presenting this plan will be conducted before authorizing a formal feasibility report for a certain area. 4 aye votes. Carried. Park Commission will meet at City Hall, Monday, August 30th at 6: 30 p.m. Doerr, seconded by Kern, moved to approve sign request submitted by Juleen Designs , Inc. 4 aye votes. Carried. Kern, seconded by Doerr, moved to request City Attorney to review noise ordinance. Aye votes cast by Kern, Doerr and Schaaf. Abstain by Seggelke. Carried. ll' RSP Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401-1927 Telephone (612)330-5500 rrj August 2 , 1994 Honorable Mayor Barbara O'Neal P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: CNW Railroad Engine Noise At the beginning of the Oak Park Heights City council meeting on July 24, 1994 Mr. Jerry Bonnin presented a statement concerning late night noise from rail road engines that were disturbing him and others in his neighborhood. I talked to Jerry Bonnin after his presentation to get the specific details of the incidents . His basic comments included the following: * After a similar period of noise around the first of the year a statement was made to the city council the noise stopped. * There is no objection to the rail traffic delivering coal to the King plant; the activity and noise are far enough to the south that the neighborhood is not disturbed; however, * Beginning in early June, Mr. Bonnin recorded five specific dates and times during the next five weeks where railroad engines were parked on the track below his home causing the same late night disturbance. * If deliveries are made late at night or during the early morning hours, Mr . Bonnin and his neighbors would like to see the engines parked farther to the south on the CNW tracks . After our meeting I drove through the neighborhood and the along the track segment below the neighborhood. It appears that the track section where engines have been parked with idling engines is at a point at or just south of the rail crossing the road to the MWCC sewage treatment facility. I have contacted the CNW Railroad St. Paul terminal area management and reviewed the problem with them. As a result of those discussions we clarified several issues including: * Rail delivery of unit coal trains to the King plant arrive frequently and at any time of the day or night. * The normal operation is to bring trains of up to 110 cars out of St. Paul and split the trains into segments of no more than 55 cars each. * The car segments are delivered and placed onto the King plant ladder tracks from the south. If empty cars are on the ladder track these cars are removed as part of the same operation which may require additional use of the CNW track to the west of the King plant ladder track. * There are occasions when engine crews reach their allowed work time limit and must be relieved by a new crew at the King plant location. S 111 k * Maneuvering cars into and out of the ladder track may result in engines pulling forward to the rail crossing the MWCC access road and then pushing the cars back to the south. * The normal train `operation at the King plant site does not require parking engines on the CNW track as far north as the MWCC road crossing and the CNW will brief crews that parking in that location must be avoided. * The CNW will brief all crews operating in that area of the above issues . It is the intention of Northern States Power Company and the Chicago Northwestern Railroad to be responsible members of the communities we work in and will make every effort to minimize and avoid conflicts . If you have any questions please feel free to call Dave Schwartz at 779-3181 or Bob Kermes at 330-7628 . 414-(--14 b4 Robert J. Kermes David L. Schwartz Fuel Transportation Community Services Manager NSP Fuel Resources Dept. NSP Customer Service cc : Mr. Jerry Panning, CNW Railroad Mr. Tom Thomsen, A. S. King Generating Plant Mr. Gerry Bonnin • i CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, SEPTEMBER 12, 1994 Staff reports were reviewed prior to the regular meeting. Call to order by Mayor O'Neal at 7:15 p.m. Present: Schaaf, Kern, Seggelke, Doerr, Vierling, Hoist, Swanson, Benson, Anderlik and Richards. Doerr, seconded by Kern, moved to direct Tree Inspector to obtain two written quotes for tree removal to be submitted to Council at the September 26, 1994 meeting. 5 aye votes. Carried. Steven Jelinek submitted a letter and expressed concerns regarding a holding pond on his property in River Hills Addition. Mr. Anderlik explained the criteria for establishing the pond and the mandate from the Minnesota Wetland Conservation Act. Mr. Vierling explained the City's easement for ponding and drainage. Gerald Bonin expressed concerns for the noise generated from late night railroad engines being parked and idling in a residential neighborhood. The Police Department was directed to address this problem. Schaaf, seconded by Kern, moved to authorize Public Works Director to obtain quotes for washing the water tower and submit by September 26, 1994. 5 aye votes. Carried. Public Works Director was directed to obtain quote from Miller Excavating for repair to the Valley View Park culvert. if costs exceed $5,000 additional quotes will have to be obtained. Schaaf, seconded by Seggelke, moved to approve fall street sweeping for 28 hours @$48 per hour as stated in the contract with St. Croix Sweeping, . Sweeping to be completed by October 15, 1994. Sweeping to be completed without interruption or contract is no longer valid. City is responsible for hauling and disposing of sand and debris. Public Works to pick up Doerr heavy oe omes. e snd. e, seconded sand bef by r Kern, moved sweeping c to m direct enc City 4 Engineer ayvotes.to investigate Kern ab tai storm sewer Carri d.drainage problem in the area of Peacan Ave. N. and Upper 63rd St. N. and report findings and recommendations by September 26, 1994. Doerr, seconded by Kern, moved to approve sign permit for Holiday Stationstores providing it meets all City Ordinances. 5 aye votes. Carried. Doerr, seconded by Seggelke, moved to approve sign permit for Play It Again Sports. 5 aye votes. Carried. Park Commission will meet September 19, 1994 at 6:30 p.m. Doerr, seconded by Kern, moved to accept first concept from Mariah Remodeling for remodeling the Council Chambers for ADA requirements in the amount of$820.00 which includes the hand rail and does not include carpeting. 5 aye votes. Carried. Public Works was directed to repair bathroom door in back hallway. • September 8 , 1994 Mr . Robert Kermes Fuel Transportation Northern States power Company 414 Nicollet Mall Minneapolis , MN 55401-1927 Dear Mr . Kermes Your letter of August 2 , 1994 addressing CNW late night railroad engine noise in our Oak Park Heights neighborhood does not appear to be having the desired result . We have been awakened three times in the past 30 days due to engines being parked very near our home at 1 : 16 AM, 1 : 53 AM, and 4 AM. Your letter does not contain any incentive for not parking engines in a residential neighborhood nor any deterrant for parking engines in= a residential neighborhood . Perhaps enforcement of the noise ordnance would provide the necessary motivation. I will be attending the September 12 , 1994 meeting of the Oak Park Heights city council to seek the enforcement of our noise ordnance or any other means to bring an end to the very annoying practice of parking the noisey engines in our neighborhood . Sincerely yours Gerald W Bonin 6127 Stagecoach Trail N Stillwater, MN 55082 cc: Mr. David Schwartz, NSP Customer Service Mr. Jerry Panning , CNW Railroad Mayor Barb O 'Neal , Oak Park Heights • • ( Page three - Minutes 8/22/94 Schaaf, seconded by Seggelke, moved to continue public hearing to September 12, 1994 meeting. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to direct staff to contact DNR and MN DOT regarding their current position regarding the public boat landing to the St. Croix River in Oak Park Heights. 5 aye votes. Carried. Doerr, seconded by Kern, moved to table Council chambers ADA compliance until September 12, 1994 meeting. Public Works Director to furnish written commen on changes needed for compliance and carpet rep a�cement in Chambers an carpet m balance of City Hall. Discussion was held on a sediment build-up problem in the south pond of the Stillwater Area High School which is due to erosion from past construction. Schaaf, seconded by Kern, moved to request School District #834 to restore the pond to it's original condition. The City will be responsible for maintaining the pond after this has been completed. 5 aye votes. Carried. Doerr, seconded by Kern, moved to schedule a workshop on sanitation costs and concerns for September 14, 1994 at 5:30 p.m. at City Hall. 5 aye votes. Carried. Seggelke, seconded by Schaaf, moved to schedule public hearing on September 12, 1994 at 7:30 p.m. for a text amendment allowing interior storage as a conditional use in a R-B district. 5 aye votes. Carried. Discussion was held on area storm sewer charges for new development and creating a storm sewer utility charge. Kern, seconded by Doerr, moved to direct City Attorney to review Annexed Area Extended study and the charges applied to the developer according to the study and report on findings at the September 12, 1994 meeting. Council directed staff to distribute litter bags to high traffic areas in the community. Public Works Director was directed to submit comments on street sweeping and grass cutting proposal formats to Council by September 12, 1994 meeting. MN DOT noise barriers tabled until September 12, 1994 meeting. Schaaf, seconded by Kern, moved to approve option #3 of engineer's memo dated April 22, 1994 for temporary repair on Valley View Park culvert to slow down erosion at a rough cost of$5,000.00. 5 aye votes. Carried. • Bonestroo,Rosene Anderlik and Associates,Inc.is a ative Action/Equal Opportunity Employer K. Bonestroo Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. Michael P.Rau.P.E. Mark D.Wallis,P.E. Rosene Robert W.Rosene,P.E.* Keith A.Gordon.P.E. Agnes M.Ring,A.I.C.P. Miles B.Jensen,P.E. . Joseph C.Anderlik.P.E. Robert R.Pfefferle,P.E. Thomas W.Peterson.PE. L.Phillip Gravel.PE. Anderlik & Marvin L.Sorvala,PE. Richard W.Foster,PE. Michael C.Lynch.PE. Karen L.Wiemeri,P.E. Richard E.Turner,P.E. David O.Loskota,P.E. James R.Maland.PE. Gary D.Kristofia,P.E. Glenn R.Cook,P.E. Robert C.Russek,A.I.A. Jerry D.Pert sch,PE. Keith R.Yapp.P.E. Associates Thomas E.Noyes.PE. Jerry A.Bourdon.P.E. Scott J.Arganek.PE. Douglas J.Benoit P.E. Robert G.Schunicht PE. Mark A.Hanson.P.E. Kenneth P Anderson,P.E. Shawn D.Gustafson.PE. Engineers & Architects Susan M.Eberlin.C.P.A. Michael T.Rautmann,P.E. Mark R.Rolls,P.E. Cecilio Olivier,PE. 9• 'Senior Consultant Ted K.Field.PE. Mark A.Seip,PE. Paul G.Heuer.P.E. Thomas R.Anderson,A.I.A. Gary W.Morien,PE. John P.Corder.P.E. Donald C.Burgardt.PE. Paul J.Gannon.A.I.A. Charles A.Erickson Thomas A.Syfko,P.E. Daniel J.Edgerton.P.E. Leo M.Pawelsky Frederic J.Stenborg.RE. A.Rick Schmidt.PE. Harlan M.Olson August 19, 1994 Ismael Martinez.P.E. Philip J.Caswell,P.E. James F.Engelhardt City of Oak Park Heights P.O. Box 2007 Stillwater, MN 55082 Attention: Mr. Roger Benson Re: Council Chambers ADA Compliance File 55 General Dear Mr. Benson: Attached is our recommendation for making the council chambers raised platform handicap accessible. We recommend reducing the length of each wing of the table by 1'- 5". This will allow three people to sit comfortably on each side of the center section. Then move the platform to the east to make room for a 6'- 3" long ramp with hand rails. Our estimate of probable costs is $7,000. Because it is such a small project,we believe bids could be as high as $10,000 or as low as $5,000. Respectfully, BONESTROO, RO. , ANDERLIK & ASSOCIATES Thomas R. • . erson TRA:lk Attachment cc: Joseph C. Anderlik t`,.. F r 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • . . 14 U.! 1 ;e► u \.� g IN 9 it I. � L 4•-r ,e ( 5-S' v b• 1 %A Q`ti i 9 7 . f 4'-1' 5'-0' 9. . 4'-7 4•-r E'-S N • • .N , m v � • , 01 I 2p b645 T \� , 1 EA A ov o ea r • I F z - ' 8 a ' F-1. .f.R p. , .... ., 2 4(‘ ,0,0"(- . • Q 8A oa n Hya C X711 J I •w... w • C1 • 1 - , N . 1 °t 411M IN I 1 I MI I M I 1t s► r-2 1/r S'-S• °N WA HINGTON CO Y G\. Dennis C.Hogberg District 1 3.ty Ia. "' \I BOARD OF COMMISSIONERS Mary Hauser GOVERNMENT CENTER District 2/Chair e` 14900 61ST STREET NORTH • STILLWATER, MINNESOTA 55082-0006 Y.%' a`¢/ Wally Abrahamson — pro sv 612-430-6000 Facsimile Machine 612-430-6017 District 3 Myra Peterson District 4 Dave Engstrom District 5 , y. September 7, 1994 1 ) P Mayor Barbara O'Neal City of Oak Park Heights V ^ 1 5495 Oakgreen Place North Oak Park Heights, MN 55082 k,4, Dear Mayor O'Neal, We are pleased to invite you to the upcoming Preferred Futures Workshop for the Washington County Comprehensive Plan. The workshop will be held on Saturday, September 24 or, for those unable to attend on that date, a makeup session will be held on Thursday, September 29. The locations and times are: Saturday, September 24, 1994 Thursday, September 29, 1994 9:00 a.m. - 12:00 p.m. 7:00 p.m. - 9:00 p.m. Stillwater Area High School Auditorium Washington County Government Center (located at the corner of Highway 36 and Stillwater County Board Room Highway 5, Stillwater Boulevard) Please Note: If you plan to attend, please call 430-6000. The purpose of the workshop is to get reactions to the work of the planning staff and the citizen planning subcommittees before preparing the final draft plan for public hearings. The format will be a brief overview of the proposed scenarios (for future land use, linear parks and open space, and transportation), followed by small breakout groups where staff can discuss components of the plan in more detail and get individual reactions. A preview of the information in the plan is provided in the special fall issue of Staying in Touch,which was sent to all County residents on September 1. 4E1If you would like to have a member of the County planning staff come to a community meeting to discuss the Comprehensive Ian, please call Jane Harper at 430-6011. If you would like to make written comments on the concepts of the Plan,please send these by October 15 to: Jane Harper, Office of Administration,Washington County Government Center, 14900 61st Street North, Stillwater, MN 55082-0006. We thank you for your participation and look forward to seeing you at the workshop. Sincerely, Mary Hauser, Chair Washington County Board of Commissioners i1`r Printed an Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY(AFFIRMATIVE ACTION ik...IV • ate• • • „y3 fjjJ 4 N Janet Robert 1 6216 Lookout Trail N 7)(iv/ =� ) JI ti Oak Park Heights, MN 55082 351-0727 6' . August 31, 1994 Mayor Barb O'Neil and City Council City of Oak Park Heights 14168 N 57th Street Oak Park Heights, MN 55082 Dear Mayor and Members of the City Council: I have been informed by MnDOT that it will soon be sending its preliminary plan for the redesigned Highway 36 interchanges to the City Council for approval. I request that the City Council withhold its approval unless MnDOT improves the access for pedestrians and bicycles at the intersections of Highway 36 and the frontage roads with Osgood and Oakgreen Avenue. If you study the plans closely, you will observe that they include shoulders which are six feet wide on either side of Osgood, Oakgreen and the frontage roads. These shoulders are wide enough to accommodate pedestrians and bicyclists. However,just short of the intersections, these shoulders end abruptly and are replaced with right turn lanes. Bicyclists are expected to share these lanes with motorists through the intersection. When crossing Highway 36 they also have the option of dismounting and sharing one 8 foot wide sidewalk with pedestrians on the west side of the intersection. Pedestrians must either walk in the gutter or on the grass. This design appears to be contrary to the minimum recommendations of the U.S. Department of Transportation("Selecting Roadway Design Treatments to Accommodate Bicycles", Pub. No. FHWA-RD-92-073, published January 1994) and the American Association of State Highway and Transportation Officials ("Guide for the Development of Bicycle Facilities" published August 1991, known as "AASHTO Guide"). Both these guides distinguish between two groups of bicyclists, Group A- Advanced bicyclists, and Group B/C -Basic bicyclists and Children. The U.S. Department of Transportation recommends that new and reconstructed road designs should evaluate the existing usage of the road as a bicycle travel corridor and take into account "high priority destinations" such as schools, shopping centers, and parks (USDOT Guide, page 6-7). Osgood is already designated as a bicycle route on Washington County maps. We also know from experience that these intersections are used frequently by B/C bicyclists to get to the mall, parks, schools, and friends homes. However, pedestrians and bicyclists are crossing illegally just east and west of the intersection, because they insist that it is safer than crossing at the intersection. USDOT guidelines state, "Where it is determined that use by group B/C bicyclists is likely, the tables recommending design treatments for group B/C should be used."(Id. page 12). These tables recommend design treatments for group B/C bicyclists of five to six feet wide "bike lanes"which run along both sides of the road (Id. page 19 and 25). A "bike lane" is defined as "a portion of the roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists." (Id. page 25). Although MnDOT is proposing p • • Page 2, August 31, 1994 Bicycle Facilities\ wide enough shoulders to meet these minimum standards for bike lanes, it does not intend to designate them as bike lanes. The USDOT guide does not indicate a preference for whether a bike lane should end before an intersection or continue up to it (Id. page 26). However, USDOT repeatly refers to AASHTO for minimum guidelines, and AASHTO clearly states a preference for continuing the bike lane up to the intersection(AASHTO Guide, page 19). I have attached two excerpts from the AASHTO guide (see Exhibits A and B). Exhibit A (Figure 4)is a photograph of an intersection with bike lanes leading up to the intersection. Exhibit B (Figure 5) is a detailed drawing of this type of intersection. Note the sidewalk in Figure 4 and the triangle pavement in Figure 5. These amenities, although not a part of the recommendation, enhance the safety of both pedestrians and bicyclists. By putting a triangle of pavement between the bicycle lane and the right turn lane, bicyclists will feel safer and be more visible to motorists. I spoke with representatives of MnDOT as to why they did not designate bike lanes on either side of the road and continue them up to the intersections. Their Bike Unit was aware of the AASHTO Guidelines and supported bike lanes. However, they were told that designers had not put in bike lanes because they believed that designating bike lanes increased the likelihood of being held liable for accidents in the bike lane. There is some merit to this claim, because an accident victim might claim that MnDOT was negligent in either designing or maintaining the bike lane. What MnDOT fails to consider, is by ignoring these current AASHTO Guidelines, it is also setting itself up for a lawsuit by a bicyclist claiming MnDOT was negligent for failing to designate a bike lane. A recent article on legal liability and bikeways concludes that whether or not bikeways are provided, responsible agencies can be held liable, and the best way to prevent liability is to follow the current AASHTO Guide in designing bikeways. (See "Liability Aspects of Bicycle Environments: Bicycle Facilities and Roads" by Sorton,Walsh and Williams, ITE 1990 Compendium of Technical Papers). I recommend that the City Council reject the current design plan unless it incorporates the following designs: 1. Designated bike lanes on both sides of the frontage roads, Osgood, and Oakgreen. This means striping, signing and pavement markings for the preferential use of bicyclists. 2. Continuation of the bike lanes up to the intersections with signage mandating right turning motorists yield to bicyclists. 3. Sidewalks on both sides of Osgood and Oakgreen up to the intersections. The current design for a sidewalk only on the west side of Highway 36 to be shared by pedestrians and Group B/C bicyclists is not only contrary to current design recommendations but common sense. They should be signed for pedestrians and bicyclists who choose to walk through the intersections. They should also have long walk signals that give pedestrians adequate time to cross safely and require all traffic to come to a stop so the walkers do not have to compete with the left turning motorists. I understand that under certain circumstances MnDOT will pay 100% for sidewalks, and I can't imagine any situation that demands it more. S Page 3, August 31, 1994 Bicycle Facilities I hope the City Council will embrace these recommendations as an effort to make the proposed reconstruction of Highway 36 as safe as possible for pedestrians and bicyclists. Sincerely, 11 rdlit r •et Robert cc: Mark Benson, MnDOT Jo Heikes 0 . EXHIBIT A AASHTO Guide , 1991 ;, - _ : , 3 .�,i.;,,� ■ b ° a . II„� i. ` Figure 4. _ t , o rN�ey{ a BEWH Markings for — 1 t 4 M 9� • .t �1,”. igi �• 1(11NN LANE' f, ' N?_,317'ifle• ' = Bicycle Lane P9 - - ,74----- _ 1 .x ,) Ii..,_ -- Merge in Advance — :: � � _ s ._. i : of Intersection. ::: t ga r='- -- . °X m 7° ,T a x t ... -_'' a`' ° 's ': �, ,,"�' �` t." dI;� tEr�,�Y' -a.tea+-: +1 " terms'' k t" n „: trtr rl a bicyclists will begin left turns from the right side bicycle lane and some motorists will begin right turns from the left of the bicycle lane. Both maneuvers are contrary to established Rules of the Road and result in conflicts. At intersections, bicyclists proceeding straight through and motorists turning right must cross paths. Striping and signing configurations which encourage these crossings in advance of the intersection, in a mergin: fashion, are 'referable to those that force the crossing in the immediate vicinity of the intersection. One example of such a configuration is given in Figure 4. To a lesser extent, the same is true for left turning bicyclists; however, in this maneuver, most vehicle codes allow the bicyclist the option of making either a"vehicular style" left turn (where the bicyclist merges leftward to the same lane used for motor vehicle left turns) or a "pedestrian style" left turn (where the bicyclist proceeds straight through the intersection,turns left at the far side, then proceeds across the intersection again on the cross street). Figure 5 presents examples of details on pavement markings for bicycle lanes approaching motorist right-turn-only lanes. Where there are numerous left turning bicyclists, a separate turning lane, as indicated in the MUTCD, should be considered. The design of bicycle lanes should also include appropriate signing at intersections to reduce the number of conflicts. General guidance for pavement marking of bicycle lanes is contained in the MUTCD. Adequate pavement surface, bicycle-safe grate inlets, safe railroad crossings, and traffic signals responsive to bicycles should always be provided on roadways where bicycle lanes are being designated. Raised pavement markings and raised barriers can cause steering difficulties for bicyclists and should not be used to delineate bicycle lanes. 19 EXHIBIT B • • AASHTO Guide, 1991 Ped.Crossing j r Ped.Crossing - I *I / + Ifll i� ir l LANE Hal 4'N1N Optot ional Recommen Daehed ded Stripe ' I H *If space la ' N Jj where a 10ng right 4.MIN. Ov011ab1e. turn - only lone or ---" ` iI double turn lanes exist. i I l .. ••- Ik Typical path I I 1 bcyclist°`' 1 *If space Is available. r {Otherwise should be droppledaot n this point. 414 II LANE I elKf` RIGHT-TURN-ONLY LANE PARKING LANE BECOMES RIGHT-TURN-ONLY LANE I (Not to Scale) (Metric Conversion' I Ft. • 0.3 m. ) Ped.Crossing Red. Crossing /...- ilik Itop ifil I $ 4 , Typical path of *wE I I It through bicyclist. eta I \ It . 1, 4'MI V Typloal path of through bicyclist. i II * if spooe available. I I ii Ii I I t Drop bike lone strip where I + I I right turn only I I t 1 designated. LANE I I 'DIKEE LINE IIa1KE OPTIONAL DOUBLE RIGHT LANE BECOMES RIGHT-TURN-ONLY LANE RIGHT-TURN-ONLY LANE Figure 5. Bicycle Lanes Approaching Motor Vehicles Right-Turn-Only Lanes. 20