HomeMy WebLinkAbout01-13-15 City Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, JANUARY 13, 2015
CITY COUNCIL MEETING AGENDA
7:00 P.M
7:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
_
Estimated
times
II. Swearing in of Police Officer and Recently Elected Officials by Judge Susan Miles
7:05 p.m. III. Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
• Recycling Award (pg. 3)
7:10 p.m. IV. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
7:15 p.m. V. Consent Agenda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—December 9, 2014 (pg. 5)
C. Approve Worksession Notes—January 7, 2015 (pg. 11)
D. Adopt Resolution Approving Professional Consultants for the City of Oak Park
Heights in 2015 (pg. 15)
E. Adopt Resolution Designating the Stillwater Gazette as the City of Oak Park
Heights' Official Newspaper(pg. 17)
F. Approve Resolution for 2015 Council Appointments (pg. 21)
G. Accept Quotes for Winter Boulevard Tree Pruning and Award Bid to St. Croix
SavATree (pg. 23)
H. Approve Street Reconstruction Damage and Repair Settlements (pg. 29)
I. Approve Resolution Designating 2015 Checking and Bank Depositories (pg. 33)
J. Approve Letter of Understanding for the Animal Humane Society for 2015 (pg.
35)
K. Approve Position and Letter of Support to the NLC on their Policy Relating to
Truck Weights and Size Limits (pg. 39)
L. Accept Donations to Police Fund(pg. 45)
M. Accept Donation of$50 to the Police Department from Susan Ricker of Nolan
Avenue (pg. 49)
N. Approve Home Occupation Permit Renewals for 2015 (pg. 51)
O. Approve Salary Adjustment for Exempt Employees (pg. 53)
P. Approve Resolution Relating to County State Aid Highway Designations (pg. 55)
Page 1 of 142
Agenda
January 13,2015
Page 2
7:20 p.m. VI. Public Hearings
None
7:20 p.m. VII. Old Business
A. St. Croix River Crossing Project Update (no enclosure)
B. Street Reconstruction Project Update (no enclosure)
C. Consider MOVE MN Campaign Participation (pg. 61)
D. Consider Bayport Fire Station Agreement (pg. 65)
7:40 p.m. VIII. New Business
A. Stillwater Motors— Sign Variances —5900 Stillwater Blvd N. (pg. 83)
B. 2015 City Council Meeting Dates—Designating 12/8/15 as a Tentative TNT
Hearing Date (pg. 141)
7:55 p.m. IX. Other Council Items or Announcements
8:00 P.M. X. Adjournment
Page 2 of 142
12-e>kik- -
Oak Park Heights
Request for Council Action
Meeting Date January 13, 2015
Agenda. Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Receive Information
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 3 of 142
City} y
Oak Park Hei hts
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439.Fax(651)439-0574
January 9, 2015
Beverly Milbrath
14661 57th Street North
Oak Park Heights, MN 55082
Dear Ms. Milbrath:
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, January 8, 2015, 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.
Con Igratulations!
nn fer Pinski
Deputy Clerk
TREE CITY U.S.A,
Page 4 of 142
Oak Park Heights
Request for Council Action
Meeting Date January 13, 2015
Agenda Item Approve City Council Minutes—December 9. 2014
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature- ..
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 5 of 142
CITY OF OAK PARK HEIGHTS
TUESDAY, DECEMBER 9, 2014
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pled a of Allegiance/Approval of Agenda: Mayor McCornber
called the meeting to order at 7:02 p.m. Present: Councilinembers Dougherty,
Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City
Attorney Vierling, Finance Director Caruso, Police Chief DeRosier, and Public
Works Director Kegley. Absent: City Engineer Mlejnek and City Planner
Richards.
Mayor McCornber added "Approve Pay Request#6—Hardrives—Street
Reconstruction$495,29796" as Consent Agenda.Item 1 and pulled New Business
Item A.
Councilmember Swenson, seconded by Councilmember Liljegren, moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Ma_ or McCornber: She reported that the Parks Commission held a
worksession on December 8 and had another worksession scheduled for
December 15 at 7:00 p.m. She also reported there were two vacancies on
the Parks Commission.
B. Councilmember Dougherty: He reported that the next Middle St. Croix
Watershed Management Organization meeting was set for December 11 at
7:00 p.m. at the Bayport Library..
C. Councilmember Liljegren: He reported that the next Planning Commission
meeting was set for December 11 at 7:00 p.m. with a Public Hearing on
Stillwater Motors.
D. Councilmember Runk: No report.
E. Councilmember Swenson: He reported that the Cable Commission
meeting was set for the following Thursday.
F. Staff. Deputy Clerk Pinski reported that Michelle Andrews of 14521
Upper Wh Street North was chosen as the recycling award winner.
III. Visitors/Public Comment:
John Doty of 5862 Oxboro Avenue questioned why 57th Street at the Oak Park
Heights parking lot was not open both ways. Chief DeRosier responded that it
was both a public safety issue and a political issue.
IV. Consent Agenda:
Page 6 of 142
City Council Meeting Minutes
December 9, 2014
Page 2 of 4
A. Approve Bills and Investments
B. Approve City Council Minutes—November 24, 2014
C. Approve 2015 Cab Licenses for F.D.S. Enterprises dba A.Taxi/Stillwater
Taxi
D. Adopt Resolution for 2015 Liquor, Tobacco, and Amusement License
Renewals
E. Approve 2015 Area Charge for Connection to Water, Sewer, and Storm
Sewer Systems
F. Approve Resolution for Certification of Delinquent Utilities
G. Approve Purchase of New Computer Backup System
H. Adopt Amended CC 102 Master Fee Schedule
I. Approve Pay Request#6 —Hardrives—Street Reconstruction $495,29796
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:
A. Truth in Taxation-2015 Budget Presentation: Finance Director Caruso
reported that the preliminary budget was adopted by the City Council on
September 23. She provided a presentation on the proposed budget of
$5,461,999 and the proposed tax levy of$5,082,731. Mayor McComber
opened the Public Hearing. Bill Reubold of 14891 58b Street North
questioned whether the City Council had considered doing snow plowing
in-house. Mayor McComber explained that the Public Works Department
had a full workload year-round and did not have the equipment.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
close the Public Hearing. Carried 5-0.
VI. Old Business:
A. St. Croix River Crossing Project Update: No updates.
B. Street Reconstruction Project Update: Lucas Miller of Stantec reported
that punch list items were on hold until spring. City Administrator
Johnson reported that there was a neighborhood meeting set for January 6
at 7:00 p.m. for Area D.
VII. New Business:
A. REMOVED FROM THE AGENDA
B. Resolution Approving the 2015 Tax Levy: Councilmember Runk,
seconded by Councilmember Liljegren, moved to approve the Resolution
and adjust the health insurance line item to reduce by $60,000. Finance
Page 7 of 142
City Council Meeting Minutes
December 9, 2014
Page 3 of 4
Director Caruso reported that would reduce the tax levy to $5,022,731.
Roll call vote taken. Carried 5-0.
C. Resolution Approving 2015 Budge : Councilmember Runk, seconded by
Councilmember Dougherty, moved to approve the 2015 budget with
adjustment to the line item on health insurance. Roll call vote taken.
Carried 5-0.
D. Consider Amendments to City Ord. 1109—Nuisances Noise):
Councilmember Swenson, seconded by Councilmember Liljegren, moved
to adopt the ordinance change. Roll call vote taken. Carried 5-0.
E. Park Commission—'Perm Extensions: Mayor McComber reported that
Commissioner Krieger was moving out of the jurisdiction and thanked
him for his service on the Parks Commission.
Councilmember Dougherty, seconded by Councilmember Runk, moved to
approve the term extensions as recommended. Carried 5-0.
F. Consider Fire Protection Services Agreement—Bayport Fire Station: City
Administrator Johnson reported that the City was asked to provide
$1,367,080 in funding for the construction of a new Bayport Fire Station
at the northeast corner of Stagecoach Trail and 5th Avenue in Bayport. He
stated that was 52.58 percent of the amount after contributions from the
City of Bayport and donations based on a fair share formula. The
contribution would be approximately $91,139 per year for fifteen years.
He outlined proposed operations costs and a clause that the variable fair
share formula could be renegotiated if there was a tax capacity impact of
25 percent or more to any involved community.
Mayor McComber suggested an open house at City Hall for residents to
view the proposal. Logan Martin, City Administrator for the City of
Bayport, reported that they planned to go for bids in late February or early
March. McComber stated her biggest concerns were the fifteen year term
and the locked-in amount because other communities have growth
potential that could shift the percentage of calls to those areas. City
Administrator Martin stated they could consider a check-in review half
way through the term. McComber suggested a meeting with the City of
Bayport City Council because her concern was with the contract, not the
project.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
set an open house for January 6,2015 from 6:00 p.m. to 7:00 p.m. Carried
5-0.
Paul Glaser of 14638 Upper 56th Street North stated he was against the
$1.3 million contribution for the station. He noted that the City of
Page 8 of 142
City Council Meeting Minutes
December 9, 2014
Page 4 of 4
Stillwater did not ask for money from other communities when they built
their station. Mary Buckley of 5860 Oldfield Avenue questioned what the
term "fair share" meant. Mayor McComber responded that it pertained to
the number of runs and the majority came to the City of Oak Park Heights.
Buckley also asked what would happen if there were fire department
mandates that affected the runs over the next fifteen years. McComber
responded that there was no way to tell what the future held.
David Beaudet of 6400 Lookout Trail questioned why the City of Bayport
did not get final numbers for the project. Logan Martin responded that
they would adjust the numbers when they had those figures.
Chris Zeuli of the River Hills neighborhood stated he would like an open
house and questioned whether notices would be sent. City Administrator
Johnson responded that a notice would be mailed.
Jake Eisenberg of 5335 O'Brien Avenue stated there were risks of putting
a mid-point review in the contract.
G. Council Appointments: Councilmember Swenson, seconded by
Councilmember Liljegren, moved to approve the 2015 council
appointments as they were in 2014. Carried 5-0.
VIII. Other Council Items or Announcements
None
IX. Adjournment
Councilmember Swenson, seconded by Councilmember Dougherty, moved to
adjourn at 8:27 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
Page 9 of 142
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Page 10 of 142
i
City Of �Te
Aw
,.
Oak Pa rk Heights
14168 Oak Park Blvd. N• ox 2007.Oak Park Heights,MN 55082•Phane(651)4394439•Fax(651)439-0574
Meeting Date January 13, 2015
Agenda Item Approve Worksession Notes—January 7, 2015
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinsk]
t
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.
TREE CITY U.S.A.
Page 11 of 142
CITY OF OAK PARK HEIGHTS
CITY COUNCIL TEAMBUILDING SESSION NOTES
WEDNESDAY,JANUARY 7, 2015 AT 6:00 P.M.
Present: Mayor McComber, Councilmember Swenson, Councilmember Dougherty,Councilmember
Liljegren, Councilmember Runk, City Administrator Johnson, and Deputy Clerk Pinski. Absent:None.
1. Call to Order: Mayor McComber called the meeting to order at 6:11 p.m.
2. City Council Teambuilding and Priority Identification:
a. Consider_Vision Oak Park Heights/Community Survey/City Center: Mayor McComber
requested thoughts for design guidelines. City Administrator Johnson stated that a 2018
Comprehensive Plan was required and those items could be a part of that. He suggested the
Council consider having a committee with City Council, commissioners,members of the
community, and a facilitator as an Oak Park Heights vision task force. Mayor McComber
suggested staff look into how much that process would cost. Councilmember Dougherty
suggested the task force could also create questions for a community survey and review the
responses. McComber added that they could also discuss a city center/village green concept.
No action was taken.
b. Discuss Job Descriptions, Roles, and Capacities: McComber questioned whether job
descriptions needed to be revised with the recent changes in a few departments. City
Administrator Johnson suggested that department heads could meet to review job descriptions
and could make a recommendation on changes to the City Council. No action was taken.
Councilmember Swenson noted that the City Council needed to improve upon employee
recognition. McComber reported that she received a letter from the American Red Cross
requesting Good Samaritan nominations. She said she would have the City Administrator
include the letter in Weekly Notes. No action was taken.
c. Consider Rental Registration Program: McComber asked the City Council if they were
interested in creating a rental registration program to help promote health, safety, and welfare
in the community. Swenson reported that without a licensing program,the fire department
could not enter homes to do inspections. He stated he would learn more about rental
registration and authorization at an upcoming fire chief conference and would inform the City
Council what he learned. He stated he would come back to the City Council in June or July
to adopt a revision to the building codes regarding sprinkling and fire protection. No action
was taken.
d. Consider Roadway Takeover Policy: Councilmember Runk suggested the City Council
consider a written policy to deal with future roadway takeover requests. Councilmember
Dougherty stated he was concerned about having a policy in the event the City Council
wanted to deviate from it. City Administrator Johnson responded that it was the City
Council's discretion if they wanted to deviate from the policy at any time. McComber
suggested that the policy be that the City would not accept any new roads until they would be
Page 12 of 142
fully funded, She suggested staff review policy language with the City Attorney. No action
was taken.
e. Discuss Resolving Outstanding SCRCP Cost Elements: City Administrator Johnson reported
that the cost cap was set at$535,000, and approximately $1,200,000 had been spent leaving
approximately$665,000 to be reimbursed. Swenson suggested the City have a conversation
with the new project director. Runk suggested that staff write a letter with a deadline and
indicate that the City would authorize legal staff to take further steps if the reimbursement
wasn't made by that deadline. The City Council agreed that a Resolution should be drafted.
No action was taken.
f. Consider Policy on Communication with Other Governmental Units: Councilmember Runk
suggested that a policy be drafted that City staff was the niain point of contact for other
governmental agencies. McComber was concerned about a policy being to restrictive.
Swenson suggested the City Administrator could inform the City Council if he felt someone
was going around him. McComber also suggested that letters drafted by staff which were
directed by the City Council be signed by the mayor. No action was taken.
g. Consider Worksession Video Recording Policy: McComber suggested that staff continue to
prepare Worksession notes but that they be approved at City Council meetings and posted on
the City's website. Swenson stated he would like all worksessions with MNDOT to be
recorded. No action was taken.
h. Discuss Conference Room Wall Removal: McComber suggested a worksession prior to the
next City Council meeting to review bids received. Swenson suggested staff ask the Public
Works department to take the wall down. City Council was agreeable to Swenson's
suggestion. No action was taken.
i. Discuss City Calendar Sponsorships: McComber suggested that the City Council consider
seeking sponsorships for the City calendar in future years. Swenson suggested adding the
City Council's calendar dates to the Bayport Fire Department calendar. McComber informed
the City Council she would be contacting the Historical Society to get copies of historical
data and photos. No action was taken.
3. Adjourn: The meeting was adjourned at 8:15 p.m.
Page 13 of 142
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Page 14 of 142
.I OT-f,�Te- r
Oak Park Heights
Request for Council Action
Meeting Date January 13, 2015
Agenda Item Adopt Resolution Approving Professional Consultants for the City of Oak Park
Heights in 2015
Time Req.
Agenda Placement Consent
Originating Department/Requestor Administrationdennifer Pinski
Requester's Signature _
Action Requested Adopt Resolution 15-01-01
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 15 of 142
CITY OF OAK PARK HEIGHTS
RESOLUTION 15-01-01
A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS
FOR THE CITY OF OAK PARK HEIGHTS IN 2015
BE IT RESOLVED, that the City Council for the City of Oak Park Heights
hereby appoints the following consultants for 2015:
City Engineer: Stantec Inc.
City Auditor: Tautges, Redpath, Inc.
City Planner: The Planning Company, LLC
City Attorney: Eckberg, Lammers, Briggs, Wolff&Vierling
City Arborist: Plant Health Associates
Passed by the City Council of Oak Park Heights this 13th day of January, 2015.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 16 of 142
-
Oak Park Heights
Request for Council Action
Meeting Date January 13, 2015
Agenda Item Adopt Resolution Designating the Stillwater Gazette as the Ci of Oak Park
T4f-ic,hts Official Newspaper
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinsk'
Requester's Signature
Action Requested Adopt Resolution 15-01-02
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 17 of 142
CITY OF OAK PARK HEIGHTS
RESOLUTION 15-01-02
A RESOLUTION DESIGNATING THE
STILLWATER GAZETTE AS THE CITY
OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER
WHEREAS, the City of Oak Park Heights must designate an official newspaper
for publications; and
WHEREAS, the Stillwater Gazette meets legal publication requirements under
state statute and offers a high number of paid circulation newspapers distributed within
the City.
NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of
Oak Park Heights designates the Stillwater Gazette as the official newspaper for
publications in 2015.
Passed by the City Council of Oak Park Heights this 13th day of January, 2015.
Mary McComber, Mayor
ATTEST:
Erie Johnson, City Administrator
Page 18 of 142
Serving The A Croix Valley Since 1874
January 7, 2015
City of Oak Park Heights
14168 Oak Park Boulevard North
P.O. Box 2007
Oak Park Heights
MN 55082
Dear City of Oak Park Heights;
Thank you for notifying me of the City of Oak Park Height's wish to receive a bid from the
Stillwater Gazette for the publication of its legal publications. I appreciate the opportunity to
respond, and the Gazette does request consideration to be the city's legal newspaper for the year
2015.
The Gazette's publication schedule gives Oak Park Heights city government many options for
presenting its legal publications to the public in a timely manner. The Gazette does meet legal
publication requirements under state statute, and in addition, the Gazette continues to offer a high
number of paid circulation newspapers distributed within the city. Legals are posted on the
Gazette's website as well.
The proposed rate for 2015 is $4.50 per column inch.
The Gazette would appreciate the opportunity to continue serving the citizens of the City of Oak
Park Heights by publishing the city's legal notices. If you have any questions or are in need of
additional information,please contact me. Thank you.
Sincerely,
Mark Berriman
Publisher
651-796-1116
1931 Curve Crest Boulevard • Stillwater, MN 55082
651.439.3130 • FAX: 651.439.4713
www.StillwaterGazette.com
Page 19 of 142
V rTe55
Publications
4779 Bloom Ave., White Bear Lake, MN 55110• Phone:651-407-1200 • Fax: 651-429-1242
December 5, 201
Ms. Jennifer Pinski
City of Oak Park Heights
P.O. Box 2007
Stillwater, MN 55082
Dear Ms. Pinski:
The Lowdown - St. Croix Valley Area would like to be considered as your official
newspaper for 2015.
We meet all the legal publication requirements under state statutes. Our circulation is
audited by Verified Audit Circulation, an independent firm.
%Ve offer su1)1111tt�)] of legal notices by mail, fax at(651) 429-1242, or e-mail to
legal __ -please clearly identify them as "Legal Notices."
There will be a slight increase in the rate for your legal notices this year due to increased
material costs. We are asking for$7.45 per column inch, in 7 point type at 9 lines per
inch.
Our deadline for legal notices is Monday by I2,00 noon for that Friday's publication.
We look forward to the opportunity to serve you. We welcome any questions or
concerns you may have.
Sincerely,
Visa Graber
Legal Notice Coordinator
LG:mp
Mist: 0akParkl lei Qhts2015.doc
Your Best Source For Community Information Page 20 of 142
White Bear Press + Vadnais Heights Press•Quad Community Press•Shoreview Press•The Citizen• The Lowdown •North Oaks News
news@presspubs.com ppcornp@presspubs.com marketing@presspubs.com ppcirc @presspubs.com
Oak Park Heights
Request for Council Action
Meeting Date January 13, 2015
Agenda Item Ada_ pt Resolution Approving Appointments for the City of Oak Park Heights in
2015
Time Req. 0
Agenda PIacement Consent
Originating Department/Requestor Administration/Jennifer Pinski
i
Requester's Signature _i) ti
Action Requested Adopt Resolution 15-01-03
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 21 of 142
CITY OF OAK PARK HEIGHTS
RESOLUTION 15-01-03
A RESOLUTION APPROVING APPOINTMENTS
FOR THE CITY OF OAK PARK HEIGHTS IN 2015
BE IT RESOLVED, that the City Council for the City of Oak Park Heights
hereby appoints the following for 2015:
Deputy Mayor(Mayor Pro-tem): Chuck Dougherty
Civil Defense Director: Brian DeRosier
Parks Commission Liaison: Mary McComber
Parks Commission Liaison Alternate: Mike Liljegren
Planning Commission Liaison: Mike Liljegren
Planning Commission Liaison Alternate: Mike Runk
Cable Commission—Council: Mark Swenson
Cable Commission—Alternate: Mike Liljegren
Cable Commission—Citizen: Guy Sederski
Middle St. Croix WMO: Chuck Dougherty
Middle St. Croix WMO Alternate: Mike Liljegren
Chamber of Commerce &CVB: Mary McComber
Coalition of Utilities Cities: Mary McComber
Coalition of Utilities Cities Alternate: Chuck Dougherty
Data Compliance: Betty Caruso
Lower St. Croix River Advisory: Chuck Dougherty
Lower St. Croix River Advisory Alternate: Mark Swenson
Passed by the City Council of Oak Park Heights this 13th day of January, 2015.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 22 of 142
'r
Oak Park Heights
Request for Council Action
Meeting Date January 13, 2015
Agenda Item Accept Quotes for Winter Boulevard Tree Prunin R and Award Bid to St. Croix
SavATree
Time Req, 0
Agenda Placement Consent
Originating Department/Requestor Arborist Kathy Widin
Requester's Signature
Action Requested Accept Quotes and Award Bid
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
notes for Winter Boulevard Tree Pruning
1/7/15
1. St.Croix;SavATree=S10,712.
2. Rainbow Treecare=$11,317.50
3. S&S Tree and Horticultural Specialists =$11,800.
4. Woodchuck Tree Service=$18,000.
Quote request was sent to five tree services who work in this area. Four quotes were received as of closing time
(noon)and date(1/7/15). Quote includes pruning of 279 trees on boulevard rights-of-way. Pruning work to
commence after 1114115 and to be completed by 3/31/15. This work is within the city's budget for contracted tree
work for 2015.
St. Croix SavATree has submitted the lowest quote for tree pruning. This company has done satisfactory tree work
for the City of Oak Park Heights in the past. 1 recommend that St. Croix SavATree be awarded this work.
Respectfully submitted,.
Katharine Widin
Forestry Consultant
City of Oak Park Heights
Page 23 of 142
2015 Boulevard/Park Tree Pruning Quote
City of Oak Park Heights
All quotes due by 12:00 p.m. Wed. Jan. 7, 2015.
PROPOSAL OF: p , t,-
ADDRESS:
PHONE: -%
• copy of current certificate of liability insurance attached (if not currently
licensed in OPH)
Prunin of Boulevard & Park Trees
A.
Diameter Class No. of Trees Unit Total Cost
(dbh in inches) Cost
1 - 10 88
11 -16 134
17-25 25
26 or reater 4 _ —
Trees to be Pruned For Clearance=28
Total Job Cost: ,Al
--7
By: ��
(signature of officer)
Date.
(print name and title)
Page 24 of 142
2015 Boulevard/Park Tree Pruning Quote
City of Oak Park Heights
All quotes due by 12:00 p.m. Wed.Jan. 7,2015.
PROPOSAL OF: Rainbow Treecare
ADDRESS: 11571 K-Tel Dr, Minnetonka,MN 55343
PHONE: 952-922-3810 FAX: 952-252-4720
copy of current certificate of liability insurance attached (if not currently
licensed in OPH)
Prunin of Boulevard & Park Trees
A.
Diameter Class No.of Trees Unit Total Cost
(dbh in inches) Cost
1 - 10 88 $22.50 $1,980.00
11 -16 134 $45.00 $6,030.00
17- 25 25 $67.50 $1,687.50
26 or greater 4 $90.00 $360.00
Trees to be Pruned For Clearance=28 $45.00 1 $1,260.00
Total Job Cost: $11,317.50
By:
(signature of officer)
Ben Cooper, General Manager Date: 12/23/14
Page 25 of 142
RE N€1
Rob Neeser
Sales Arborist
ISA Certified Arborist MN-4524A
Email: rneeser @sstree.com 2015 Boulevard/Park Tree Pruning Quote
Mobile:651.236.0241 City of Oak Park Heights
Fax:651.451.1787
Main office:651.451.8907 ' due by 12:00 p.m. Wed. Jan. 7, 2015.
Ssrq
PHONE: Gs� ./–_ FAX: / _ ,
• Copy of current certificate of liability insurance attached (if not currently
licensed in OPH)
Prunin2 of Boulevard & Park Trees
A.
Diameter Class No. of Trees Unit Total Cost
(dbh in inches) Cost
1 - 10 88
11 -16 134
17 - 25 25
26 or greater 4
Trees to be Pruned For Clearance=28
Total Job Cost: -0116;dQ `
By:
e'j
(signature of officer)
f '"°'r' '—• Cr- Date:
(print name and title) `
Page 26 of 142
Esto" m ate
Date 12/31/2014
Estimate # 83
Name / Address
City of Oak Park Heights
P. 0. Box 2007
Oak Park Heights, MN 55082
P.O. #
Terms Due Date 12/31/2014
Other
Description Qty Rate Total
2015 OPH Boulevard Tree Pruning Quote
88 trees, 1"-10"diameter 5,760.00: 5,760.00
134 trees, 11"-16"diameter 8,280.00 : 8,280.00
25 trees, 17-25 diameter 1,620.00 1,620.00
4 trees, 26"or greater in diameter 540.00' 540.00
28 trees pruned for clearance 1,800.00. 1,800.00
Thank you, Tyler Jacobson
Subtotal $18,000.00
Sales Tax (7.125%) $0.00
—_._ _ -- -- Total $18,000.00
Page 27 of 142
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Page 28 of 142
Oak Park Heights
Request for Council Action
Meeting Date January 13`h, 2015
Time Required: 1 Minute
Agenda Item Title: Street reconstruction a e and Repair Settlements
Agenda Placement Consent Agodda
Originating Department/Req stor Johnson Citv Administrator Requester's Signature
Action Requested A rov Str et Reconstruction Settlements with Pro_ e Owners;
Totali le s than $850.00
Background/Justification( 1 me indicate if any previous action has been taken or if other public
bodies have advised):
Approve the two Street Assessment Settlements with property
1. The property at 5642 Ozark Ave agreed to replace and restore the driveway brick work at their own
expense in exchange for a payment of$562.00.This payment will be less than the estimated costs of
having the City perform the work.
2. The property at 15471 58`h Street N.experience some damages from the City's contractor in areas lying
outside the City or Public ROW.The costs and damages to the sprinklers systems was$256.82.
With the payment of these amounts,the Owners would be fully releasing the City from any further liability or
responsibility for repairs. Staff would recommend the payments as noted from the Street Reconstruction Fund.
Page 29 of 142
SETTLEMENT AND COMPLETE RELEASE OF CLAIMS
RE: 15471 58th Street N. -2014 Street Reconstruction
As a result of possible damages to his property from the 2014 Street Reconstruction Project, lying outside
the public right of way; upon receipt the payment of a total payment of$256.82 to Mr. Douglas P. Corblick.
(the "Owners') who does on behalf of himself, his family, his successor heirs and assigns, and in all respects,
manners and things, does fully release and does fully discharge the City of Oak Park Heights, ( a municipal
governmental entity) its officials, its staff and its contractors from any and all responsibility to re-install the
portions of the lawn irrigation system, any ancillary amenities and/or any other items that as were removed
and/or impacted by the City in conjunction with the 2014 Street Reconstruction Project, The Owner further
agrees that the Owner will be fully responsible for all repairs under their own forces and at their own expense
and direction. Finally, this release of the City by the Owner also includes a release of all liability, of any kind or
character and shall be deemed to constitute a full, final and complete settlement of any and all claims, vested
or contingent, stated or otherwise, known or unknown, between the parties or as otherwise stated for any
alleged damages or costs, known or unknown, associated with such Project.
.e
Date �rS , 2014 Y .,R
s..
Agreed Upon B Please Sign Below: ( "$
Douglas P. Corblick (Owner)
'• 541
Notary Please Complete Below. Q '
o °e
Subscribed and sworn to before me this: _ � w ,..rr 7•-7-
T ,
day of G—A 20 } _ o
IS
Notary Signs e Attesting to the Signatures Above
Affix Notary Stamp Here 4
MARY SEIGER
NoT 4RY PUBLIC-M6NNESOTA
Myr Commission Emres Jan,31,2018
Page 30 of 142
SETTLEMENT AND COMPLETE RELEASE OF CLAIMS
RE: 5642 Ozark Ave—Brick Re-Installation-2014 Street Reconstruction
Upon receipt the payment of a total payment of $562.00 to WHITE DIANE L & WENDT JAMES D. (the
"Owners") who own and reside at 5642 Ozark Ave. (see map below) do, upon the payment by the City, on
behalf of themselves, their family, their successor heirs and assigns, and in all respects, manners and things,
release and fully discharge the City of Oak Park Heights, (a municipal governmental entity) its officials, its staff
and its contractors from any and all responsibility to re-install the portions of the brick driveway as was removed
by the City in conjunction with the 2014 Street Reconstruction Project. The Owners further agree that they will
be fully responsible to re-install this portion of the driveway under their own forces and at their own expense
and direction. Finally, this release of the City by the Owners also includes a release of all liability, of any kind or
character and shall be deemed to constitute a full, final and complete settlement of any and all claims, vested
or contingent, stated or otherwise, known or unknown, between the parties or as otherwise stated for any
alleged damages or costs associated with such re-installation of said driveway elements.
Date '�� 2014
r
Agreed U Orl B Please Saga BeloYr:
WHITE, DIANE L.
� �.�,� ♦• .. r ill `,�
JENDT, JAMES D.
Notary P1
ease Complete„Below:
Subscribed and sworn to before me this:
l l{ ay of ;.\
Notary Signature Attesting to the Signatures Above
Affix Notary Stamp Here-i
DAMARIS A.LARStr3N
Notary Public-Minne Qta
MY Cammission E)p ms Jen 1.2015
Page 31 of 142
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Page 32 of 142
Oak Park Heights
Request for Council Action
Meeting Date January 13, 2015
Agenda Item Title: -Approve Resolution Designating 2015 Checking and Bank
Depositories Time Required 1 minute
Agenda Placement—Con sent
Originating Department/Requester Betty Caruso, Finance Director
Requester's Signature
Action Requested :_Approve Resolution designating 20ecking and bank
depositories
Background/Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
The City currently has it's checking and some investments with Central Bank.
The bank continues to serve the city well and does not charge fees which is a hidden
savings for the city.
The remaining institutions hold the other city investments :First State Bank and
Trust, Morgan Stanley SB, UBS Financial Services, Wells Fargo Advisors, LLC and
the 4M Fund.
Although I do not have accounts set up at the other financial institutions listed, I
may be using them in the future depending upon the rates offered and if they are
willing to pledge securities for any deposits above FDIC limits.
If we were to invest with any new financial institution, Finance would checks on
bank ratings and reviews financial criteria before investing, along with consulting
with other cities regarding the broker.
The list of depositories is as follows:
Central Bank
Lake Elmo Bank (not presently used)
First State Bank and Trust
US Bank (not presently used)
Wells Fargo Bank (not presently used)
Bremer Bank (not presently used)
League of Minnesota Cities 4M Funds
Morgan Stanley Smith Barney
Northland Securities (not presently used)
UBS Financial Services
Wells Fargo Advisors, LLC
Wells Fargo Securities, LLC (not presently used)
Page 33 of 142
CITY OF OAK PARK HEIGHTS
RESOLUTION 15-01-04
A RESOLUTION DESIGNATING
2015 CHECKING & BANK DEPOSITORIES
Central Bank — Checking and Investments
Lake Elmo Bank—Investments
First State Bank and Trust—Investments
US Bank—Investments
Wells Fargo Bank—Investments
Bremer Bank- Investments
League of Minnesota Cities 4M Fund —Investments
Morgan Stanley Smith Barney—Investments
Northland Securities—Investments
UBS Financial Services—Investments
Wells Fargo Advisors, LLC - Investments
Wells Fargo Securities, LLC—Investments
Passed by the City Council of Oak Park Heights this 13th day of January 2015.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson Administrator
Page 34 of 142
A +
Oak Park Heights
Request for Council Action
Meeting Date Jan 13'%
Time Required: 1 Minute
Agenda Item Title: Animal Humane So t Letter of Understandin -2015
'
Agenda Placement Consent A
Originating Department/Re je o son. City Administrator
Requester's Signature
Action Requested A roe etter of Understanding for the Animal Humane Society - 2015
Background/Justification lease indicate if any previous action has been taken or if other public
bodies have advised):
The City of Oak Park Heights does have a continuing relationship with the Animal Humane
Society to accept animals secured by the City, (typically the City's Police Department). The
AHS is seeking a written agreement between the City that is consistent with past practices and
anticipated fee structures..
The AHS is typically the only convenient and reliable resource available to the City to provide
these animal shelter/possible recovery resources. Fee structures as noted are reasonable and
consistent with past years.
Staff does recommend the approval of the Letter of Understanding for Impound Housing
services for 2015.
Page 35 of 142
animal humane society
Animal Humane Society
and
Oak Park Heights
Letter of Understanding for Impound Housing Services
2015
1. Animal Humane Society (AHS) agrees to provide the following services:
a. Housing for stray or abandoned animals that are retrieved or legally seized by your
municipality's community service officer(CSO) or animal control officer (ACO), or for
stray animals that are brought into the shelter by a citizen and verbal permission is
given by your agency via phone for intake. Housing includes kennel space, daily
cleaning, food and water.
b. Herd management vaccination following our standard vaccination protocols, as well as
medically necessary and/or emergency care for sick or injured animals impounded
during regular business hours.
c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may
be provided at the end of the legally required holding period or in the case of a medical
situation that requires immediate euthanasia.
d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be
evaluated for these services at the end of the legally required holding period.
e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff.
The animals will be evaluated for these services at the end of the legally required.
holding period.
f Provide animal rabies quarantine or diagnostic service for stray felines or canines that
have bitten a person.
g. Hold animal for the legally required stray holding period: 5 days in MN, 7 Days in WI
or until reclaimed by owner within this holding period.
h. AHS will follow internal policy and best practice for unclaimed animals. Oak Park.
Heights may request and view AHS policies at any time.
2. AHS expectations:
a. AHS is not responsible for sick or injured animals that are left after hours. Outside
treatment must be sought for these animals by the animal control officer or community
service officer prior to leaving the animals at the AHS facility when veterinary staff
members are not on duty.
b. AHS has the sole authority to disposition all animals that have not been reclaimed upon
the expiration of the legally designated holding period.
c. AHS will not accept feral cats seized under municipal authority by your municipality's
CSO or ACO.
Buffalo * Coon Rapids * Golden Valley * 5t. Paul * Woodbury
Telephone 763 522 4325 1
www.animathumanesociety.org Page 36 of 142
animal humane society
3. The Oak Park Heights agrees to:
a. Adhere to the drop off procedure set forth by AHS including animal housing at the
shelter and paperwork. Drop off procedures and paperwork training for community
service or animal control officers will be provided.
b. Adhere to state laws and local ordinances that apply to the handling of stray or
abandoned animals and the seizure and return of animals to their owners.
c. Direct citizens where to take stray animals when not receiving permission for
impoundment at AHS.
d. Seek care for injured or sick animals prior to drop off in the event that it is after hours
and/or AHS veterinary staff is not on duty.
e, Pay the designated fees for each animal cared for from your municipality. AHS will
charge a standard stray holding fee of$135 per canine or feline and a$41 fee per
"other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner.
AHS will charge a $10 administrative/processing fee to the municipality for each
animal reclaimed by its owner in place of the stray holding fee. In these instances AHS
will charge the owner reclaim fees. Fees for animals seized by the municipality (such
as rabies quarantine) may vary due to the differing nature of their holding periods and
services required.
f. Adhere to AHS policy and best practice for unclaimed animals. Oak Park Heights may
request and view AHS policies at any time.
g. Adhere to building access rules and ensure that the service access door is closed and
locked after use in an after hours drop off.
h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to
whether or not to impound an animal. AHS is not responsible for those decisions.
i. Be available to members of your community to resolve their concerns related to the
actions of your ACO/CSO officers and your municipality's procedures, policies and
requirements.
j. Release AHS from all liability of claims resulting from or related to providing impound
housing services. The Oak Park Heights accepts responsibility for the CSO/ACO
while in the course of impounding animals at AHS.
4. Administration
a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year.
Billing will be mailed in the first month following the end of the quarter. Payment is
expected within 30 days of receipt of billing.
b. AHS will assign a contact person who should be contacted in the event of any problems,
concerns or to receive feedback regarding the program,
c. Any billing disputes must be raised within 10 days of receipt of billing.
Buffalo * Coon Rapids * Gotden Valtey * St. Paul * Woodbury
Telephone 763 522 4325 2
www.animathumanesociety.org Page 37 of 142
animaL humane society
This agreement is based on a one year commitment, which is renewed annually from the date your
administrator signs the agreement below. The agreement can be ended at anytime by either party with
a 30 day notice.
This agreement is entered into on the day of , 2015 by
JaneIle Dixon, President& CEO Signed on behalf of Municipal Authority
Animal Humane Society
Printed Name and Title
Buffalo * Coon Rapids * Golden Valley * 5t. Paul * Woodbury
Telephone 763 522 4325 3
www.animaLhumanesociety.org Page 38 of 142
Oak Park Heights
Request for Council Action
Meeting Date January 13th. 2015
Time Required: 1 Minute
Agenda Item Title: Consider Letter of Support for NLC Policy on Heavy Trucks
Agenda Placement Consent Agenda
Originating Department/Requestor Ma or McComber
Requester's Signature
Action Requested Approve Position and Letter of Support to the NLC,on their Policy
Relating to Truck Weights and Size Limits
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
See the attached documents now in"Draft Form"; Staff would finalize if approved.
Page 39 of 142
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
January 13t', 2415
National League of Cities—Policy Committee
4301 Pennsylvania Avenue NW Suite 550,
Washington, DC 20004
RE: Motor Carries—Truck Weight and Size Limits
Dear National League of Cities—Policy
The City has had an opportunity to review the enclosed policy document on"Motor Carriers—Truck and Weight Size Limits"as
outlined in the 2013 Transportation Infrastructure and Service Policy Document as enclosed.
At this time,the City of Oak Park Heights does concur with the language as found in Paragraph 1 of such section outlining the
need for a reciprocal increase in the"truck—user tax'to off-set the costs and burdens experienced by road maintenance
organization due to the increase of weight.
The City does not support legislation by the Federal Government that would increase such weights without a simultaneous and
sufficient funding mechanism to repair such roads
Please let the City know if you have any questions.
Sincere#y,
Mayor Mary McComber
City of Oak Park Heights, MN
Cc: Minnesota Legislative Delegations
League of Minnesota Cities
Weekly Notes
Page 40 of 142
NLC opposes the ahuse of the rescission process to and width standards on highway costs and safety is
subvert the minimum transportation enhancement as,,cssed and reflected in highway user fees and
funding allotments mandated by transportation appropriate safety regulations. NLC supports
legislation. demonstration projects to determine safety.
E. Intelligent Transportation Systems 2. Truck Routing
NLC supports intelligent transportation systems(ITS) NLC supports federal performance standards for the
technology development and deployment and an designation of routes along which longer, wider
increase in federal funding for these purposes. By trucks may travel. State and local governments
applying ITS technologies and services, we can should also retain authority to designate truck routes,.
improve the safety and efficiency of goods truck access pickup and delivery points on roads
movement, and thus the competiveness of America's which are not a part of the designated truck network.
intermodal and international freight transportation
systems. 3. Regulation of the Motor Carrier Industry
The federal government should encourage increased
The federal goverment should give funding priority competition within the trucking industry and remove
to ITS projects that improve traffic flow on existing barriers to free entry by increasing the flexibility of
streets and highways as alternatives to major new carriers to set rates and establish routes. No federal
construction, especially in high-density areas. action should be taken to weaken truck safety
Priority should also be given to street and highway requirements in any way. NLC also urges that
improvements which benefit public transit, such as federal motor carrier safety requirements be applied
preferential lanes for high occupancy vehicles, bus uniformly for both domestically-registered and
lanes, ramp metering, computerized traffic control, foreign-registered vehicles. NLC opposes any
one-way streets, reversible traffic lanes, traffic signal reduced level of truck service to small and rural
priority for buses,parking management strategies. communities.
The federal government should facilitate the use of 4. National Commercial Truck Driver Standards
uniform technology in the collection of tolls on roads NLC continues to support federal national uniform
across jurisdictions and transportation systems such standards for licensing interstate and intrastate
as vehicle mounted toll tags or passes and transit drivers of commercial motor carriers and states
stickers or passes. should administer those standards.
F. Highway Safety 5. Enforcement of Motor Carrier Safety
Greater consideration should be given to safety in Regulations
planning, design and construction. Additional The federal government should continue adequate
resources need to be focused at all levels of Highway Trust Fund funding for the Motor Carrier
government on research, education and enforcement Safety Assistance Program (MCSAP). This program
to increase highway safety, including work zones, provides grants to states for development and
NLC supports the use of incentive grants to implementation of programs (including roadside
encourage states to adopt more stringent impaired vehicle inspection programs), which enforce federal
driving and seat belt use laws. NLC also supports the and compatible state motor carrier safety regulations.
use of information technology in traffic enforcement,
such as red light cameras. The federal and state governments should identify
and develop new technologies and innovative
G. Motor Carriers strategies, which will enhance and improve
1. Truck Weight and Size Limits commercial motor carrier safety, protect the driving
NLC opposes increases in truck weight limits unless public from commercial motor carriers that do not
and until such increases are accompanied by pass safety inspections, and promote and enforce
simultaneous and sufficient increases in the heavy much stricter safety standards for commercial motor
truck-user tax. carriers, such as adequately securing truck loads and
imposing penalties for missing treads.
NLC opposes allowing the longer combination trucks
(i.e., "triple-trailers" or "truck trains") both on and
off the designated national network of truck
highways until the impact of increased truck length
2013 Transportation Infrastructure and Services
158
Page 41 of 142
BIGGER TRUCKS
THREATEN `
MINNESOTA a
t.
MOTORISTS
r<'
A
U
k
f,.
Lobbyists in Saint Paul are urging the Minnesota Legislature to allow heavier
trucks on our state and local roads, each weighing up to 17,000 pounds more JUST THE FACTS:
than today's semitrailers.This proposal would create serious safety issues and
• There were 2,542 large-truck crashes in
further endanger Minnesota motorists. Minnesota last year,a 28-percent
Bigger Trucks Mean Bigger Problems increase from 2012. (FMCSA)
Added weight on these proposed heavier trucks further endangers motorists: In 2012,the last reported year, 50
Minnesotans lost their lives in large-
Higher gross vehicle weight increases the risk of a truck rolling over. truck crashes. (FMCSA)
(Transportation Research Board)
• Increasing truck weight is likely to lead to brake maintenance 0 A 2013 study found that the heaviest
problems and longer stopping distances. (USDOT) trucks (i.e., with six axles or more) have
• A truck with an out-of-adjustment brake condition is nearly twice as an 8-times higher fatality rate.
likely to be the vehicle that precipitates a crash. (Blower et al.) (Marshall University-led study)
• Higher gross vehicle weight increases the speed differential between a
truck and surrounding traffic,escalating the chance for conflicts in lane Over 95 percent of law enforcement
changes and at intersections. (Transportation Research Board) officers believe that adding more weight
makes a truck more dangerous. Over 90
Bigger Trucks Mean More Severe Collisions percent of truck drivers say more
weight negatively impacts braking.
Additional truck weight at high speeds is a recipe for disaster.The laws of (Marshall University-led study)
physics tell us that increased kinetic energy will lead to increased crash
severity. Not only will there be more injuries in a collision, but many of today's A 2013 review of 30 years of safety
large-truck injuries will undoubtedly become fatalities if we allow heavier research concluded that gross vehicle
trucks on Minnesota highways. weight would appear to be associated
Supporters of bigger trucks say these rigs are just as safe, but law enforcement
with higher crash rates. (USDOT)
leaders and truck drivers agree that adding weight to a truck makes it more
dangerous, especially in a collision.
Tell your Minnesota legislator that bigger trucks are not worth the expense to
your highway safety. 0-
CoAWWon Apaiss!Biggs�-7lruclrs
Page 42 of 142
THEY BUST MINNESOTA'S BUDGET
77 � aim WI
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Lobbyists in Saint Paul are urging the Minnesota Legislature to allow 97,000-
pound trucks on our roads, an increase of over 8 tons. Not only are safety JUST THE FACTS:
leaders concerned with the added dangers these trucks pose to motorists, ® A 2014 study found that 44 percent of
local elected officials and county engineers are also troubled by the negative rural roads in Minnesota are either in
impact heavier trucks will have on Minnesota's infrastructure.
poor or mediocre/fair condition. (TRIP)
Bigger Trucks Mean Increased Taxpayer Burden
a A 2013 study found that bigger
Because trucks on the road already don't pay their share of infrastructure semitrailers would increase heavy truck
damage, heavier trucks would directly translate into tax increases for traffic by 3.05 billion vehicle miles per
Minnesotans. Today's 80,000-pound trucks only pay 80 percent of the damage year. (McCullough)
they cause to roads and bridges, and heavier trucks would pay even less.
Supporters of heavier trucks already receive almost $2 billion in subsidies We would have to spend at least an
annually for the damage they cause to interstates alone. Let's not ask additional $53 billion to rebuild bridges
Minnesota taxpayers to pay even more. if we allowed truck sizes and weights to
go even higher—on top of the $121
Bigger Trucks Devastate Roads and Bridges billion already needed to fix existing
bridge deficiencies. (USDOT)
Engineers agree that heavy trucks already cause enormous damage to bridges,
and allowing heavier trucks will accelerate this deterioration. Bridges are A 97,000-pound truck would only repay
designed with a safety margin of error to ensure against bridge failure. Heavier approximately SO percent of the
trucks erode that margin of error and increase the risk of catastrophic failure. damage it causes to roads and bridges.
In fact, according to the Federal Highway Administration, Minnesota has 1,513 (Norbridge)
structurally deficient and functionally obsolete bridges.
More than half of the bridges on the
Bigger Trucks Mean More Trucks and Even More Damage National Highway System are at least 40
years old. (LISDOT)
Adding insult to injury, every independent study published to date has found
that bigger trucks mean more trucks. In fact, a 2010 study found that an -- ---
increase in truck weight limits from today's 80,000-pound limit to 97,000
pounds would result in a net increase of nearly 8 million more truck trips on
the highway—a 56-percent increase.
Tell your Minnesota legislatorto keep the truck weight limit where it stands
and stop the spiraling cost to roads and bridges BEFORE DAMAGE HAPPENS. CcxaA °nAgair7stBigyeerTrucks
Page 43 of 142
- Coarrtion Against BiggerrrucJrs
Proposed Bigger Truck Configurations
Triple-Trailer Trucks
• H.R. 7 (112th), the House Transportation and Infrastructure Committee's draft
transportation reauthorization proposal, would have thawed the existing freeze
on the operation of longer combination vehicles (LCVs) and allowed expanded
I jW
use of LCVs in states where they are currently route-restricted.
Long Double-Trailer Trucks
7L
• H.R. 7 (112th) would have allowed expanded use of LCVs in states where they
are currently route-restricted and would have required states to allow double 33-
foot trailers (an increase from the current 28-foot requirement).
• In April 2013, the Chairman, President, and CEO of Fed Ex Corporation renewed
the call for legislation requiring states to allow double 33-foot trailers in testimony
before a House Transportation and Infrastructure Committee panel.
Heavier & Longer Single-Trailer Trucks
-
_ c
• H.R. 612 would allow states to raise the maximum weight limit for trucks on
Interstates from 80,000 pounds to 97,000 pounds.
• H.R. 7 (112th) would have required all states to allow 53-foot trailers (an increase
from the current 48-foot minimum), allowed states to raise the maximum
Interstate weight limit to 97,000 pounds, allowed 126,000-pound trucks by permit
on 25-mile stretches of Interstate, and required every state to allow 88,000-
pound trucks hauling autos.
Page 44 of 142
Oak Park Heights
Request for Council Action
Meeting Date: 01-13-2015 Time Required: 1 min.
Agenda Item Title: Accept Donations to Police Fund
Agenda Placement: Consent
Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier
Requester's Signature
Action Requested:
Accept donations received from Walmart and Calvary Assembly of God Church for the police
community outreach and donations fund.
The police department received 2 generous donations to the department outreach and donations fund.
See attached letters that have been sent to both thanking them for the donations.
Walmart grant foundation provided $1,250.00
Calvary Assembly of God Church $150.00
Page 45 of 142
POLICE DEPARTMENT
rw
CITY OF OAK PARK HEIGHTS
14168 Oak Park Blvd. N. •P.O. Box 2007 Brian DeRosier
r Oak Park Heights, Minnesota 55082 Chief of Police
® r Telephone: (651)439-4723
Fax: (651)439-3639
Emergency: 911
Calvary Assembly of God
5805 Osgood Ave No.
Oak Park Heights, MN 55082
December 23, 2014
Dear Pastor Jon and Congregation;
I would like to reach out to you and thank you for the generous donation to the Oak Park Heights Police
Department during our Shop with a Cop event.
Community involvement and donations are critical to our ability to provide the community outreach
that we do. The Shop with a Cop event in particular is as beneficial to the children and families that we
are able to reach out to as it is for our Officers. During these events Officers see a side of the kids we do
not always have the opportunity to. Unfortunately our Officers many times only see these kids during
times of crisis and upheaval in their family lives. I saw the difference you helped make possible in both
our officers and the kids that night.
Your support is greatly appreciated by the department and the community we all share.
Thank you,
Brian DeRosier
Chief of Police
Page 46 of 142
FJ PONCE DEPARTMENT
CITY OF OAK PARK HEIGHTS
• , °•> 14168 Oak Park Blvd. N.•P.O. Box 2007 Brian DeRosier
t; Oak Park Heights, Minnesota 55082 Chief of Police
Telephone: (651) 439-4723
~ Fax: (651)439-3639
Emergency: 911
Walmart
5815 Norell Ave N
Oak Park Heights, MN 55082
December 23, 2014
Dear Sir or Madam;
1 would like to reach out to you and thank you for the generous donation to the Oak Park Heights Police
Department during our Shop with a Cop event and ongoing community outreach.
Community involvement and donations are critical to our ability to provide the community outreach
that we do. The Shop with a Cop event in particular is as beneficial to the children and families that we
are able to reach out to as it is for our Officers. During these events Officers see a side of the kids we do
not always have the opportunity to. Unfortunately our Officers many times only see these kids during
times of crisis and upheaval in their family lives. I saw the difference you helped make possible in both
our officers and the kids that night.
Your support is greatly appreciated by the department and the community we all share.
Thank you,
Brian DeRosier
Chief of Police
Page 47 of 142
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Page 48 of 142
Oak Park Heights
Request for Council Action
Meeting Date: January 13, 2015 Time Required: 1
Agenda Item Title: Accept Donation of$50 from Susan Ricker of Nolan Ave
Agenda Placement: Consent
Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier
Requester's Signature
Action Requested:Requested: Accept Donation of$50
Background/Justification:
The police department received a personal donation in the amount of$50 from a private citizen—
Susan Ricker
The donation will be used 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 49 of 142
�. 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
t�7 x Telephone: (651)439-4723
Fax: (651)439-3639
Emergency: 911
January 5, 2015
Susan Ricker
5475 Nolan Ave No.
Oak Park Heights, MN 55082
Mrs. Ricker;
I would like to sincerely thank you for your kind donation of$50 to the Oak Park Heights Police
Department. Your continued support of our department is appreciated even more during these tough
economic times. I am very glad to hear you had a positive encounter with our department.
I know you noted it was for"Coffee and Donuts" and I greatly appreciate the thought; however we will
use the donation as part of our ongoing community outreach projects. 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 50 of 142
Oak Park Heights
Request for Council Action
Meeting Date January 14, 2015 _
Time Required: 1 minute
Agenda Item Title: 2015 Home Occupation Permit Renewals
Agenda Placement Consent
Originating Department/Requestor Administration/Julie Hultman
Requester's Signature',
f
Action Requested Approve Home Occupation Permit Renewals for 2015
Background/Justification: (Please indicate if any previous action has been taken or if other public bodies have advised)
Home Occupation Permits require annual renewal.
The following individuals held Home Occupation Permits in 2014 and seek renewal for 2015:
1. Robin Anthony, Party On Stillwater Event Planning
2. David Belz, Valley Floral Co.
3. Lynn Foster— Piaon Lessons
4. Sharon Haynes, Beauty Salon
5. Rene'e Monpetite, Child Daycare
6. Mark Powell, Upholstery Services
7. Shaunee Olson, Child Daycare
8. Todd Follis, Sign Company
9. Phyllis Smith, Garment Alterations
10, Sarah Bell, Beauty Salon
Page 51 of 142
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Page 52 of 142
%7?-
Oak Park Heights
Request for Council Action
Meeting Date January 13"', 2015
Time Required: 1 minute
Agenda Item Title: Approve Salary Adjustment for Exempt Employees
Agenda Placement Consent Agenda
Originating Department/Request E ' J on Ci1y Adpiinistrator
Requester's Signature
Action Requested A ove Sal d'ustments for Exempt Employees for 2014— See Below
Background/Justification(Pleas ndicate if any previous action has been taken or if other public
bodies have advised):
Typically, the City Council takes action on wage adjustments on an annual basis for exempt (non-
represented employees).
The Action requested at this time is to approve a 2.75%wage increase for the Senior Accountant
Position and the Deputy Clerk/Administrative Secretary positions. The 2015 Budget as approved does
have adequate funding for 2.75% increase for Senior Accountant Position and the Deputy
Clerk/Administrative Secretary Position and does mirror increases for other employees.
In addition,these positions would similarly follow the health care contribution increases and cost
sharing by the represented employees.
2011 was 0.0%
2012 was 1.5%.
2013 was 3.0%
2014 was 3.0%
2015 proposed is 2.75%
Page 53 of 142
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Page 54 of 142
t-
Oak Park Heights
Request for Council Action
Meeting Date January 13"'..2015
Time Required: 1 Minute
Agenda Item Title: Approve Resolution Relating to County State Aid Highway
Designations.
Agenda Placement Consent A"enda._
Originating Department/Reque r f ric Johnson, City Administrator
Requester's Signature
Action Requested Aonre Resolution Relating to County State Aid Highway
De "nations.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Washington County has asked the City to pass a resolution (essentially a Municipal Consent) action that
would allow the County to designate certain roadways as County State Aid Highways and eliminate certain
portions of County State Aid Highways from such designation. (Also see the communication from
Washington County—Email from Joe Gustafson)
It would appear that the items being eliminated are due to the fact some of these no longer exist, and/or no
longer exist in their former alignment. In all cases these are being replaced with other CSAH designated
routes.
There are no planned turn backs to the City with this particular action and no known costs associated with
this to the City. I have taken the opportunity to insert language that the City, with the passage of the
resolution is not accepting any roadways or maintenance responsibilities and that the County should
continue to allocate the necessary resources to maintain such roadways. (See the last section of the
resolution)
Page 55 of 142
Eric Johnson
From: Joe Gustafson <Joe.Gustafson @co.washington.mn.us>
Sent: Monday, December 22, 201412:05 PM
To: Eric Johnson
Cc: Wayne Sandberg; Don Theisen; Molly O'Rourke; Gary Kriesel;Cory Slagle;Jane
Krebsbach
Subject: Council Resolution for State Aid roadway designation
Attachments: SCRC 21-23-26 Revocation DesignationMapOPH.pdf; SCRC CSAH
Revocation Designation OPH Support Resolution (with map).docx
Hi Eric,
As you are aware, the construction of the new St. Croix River Crossing and the County's related construction project at
56th Street and Picket Avenue have resulted in significant changes to the network of County roads in this
area. However, these roads are not yet formally designated as County State Aid Highways.
To complete this process and ensure that the affected roadways are eligible for County State Aid funds in the future, City
and County resolutions must be sent to the Minnesota Department of Transportation (MnDOT), which subsequently will
provide a Commissioner's Order formally designating these routes as State Aid roadways.
Attached is a resolution for the Oak Park Heights City Council's consideration, the language of which has been reviewed
and approved by the MnDOT State Aid office as meeting their content requirements. The resolution may be
reformatted as appropriate to meet the City's requirements. Also attached is a map illustrating the proposed changes,
however the map is . itself part of the resolution.
Once we receive certified copies of the resolutions from Oak Park Heights and from Bayport, we will submit a similar
resolution to the County Board and formally submit the request to MnDOT. Please let me know if you have any
questions.
Thanks!
Joe Gustafson, PE, PTOE I Traffic Engineer
Direct. 651.430.4351 1 j oe.gustafsonCdco.washington.mn.us
Washington County Public Works
11660 Myeron Road N wrtn , Stillwater, MN 55082
Main: 651.430.4300 1 Fax: 651.430.4350
www.co.washington.mn us
i
Page 56 of 142
RESOLUTION
RESOLUTION TO WASHINGTON COUNTY AND TO THE MINNESOTA
DEPARTMENT OF TRANSPORTATION IN SUPPORT OF
THE REVOCATION OF PORTIONS OF COUNTY STATE AID HIGHWAYS 21,23,AND 28
AND THE DESIGNATION OF PORTIONS OF COUNTY STATE AID
HIGHWAYS 21,23 AND 26 IN THE CITY OF OAK PARK HEIGHTS:
WHEREAS,a new highway alignment was constructed in the year 2013 connecting Stagecoach Trail
North(County State Aid Highway No.21), near its intersection with 58'h Street North,to Beach Road,
near its intersection with Upper 61"Street North, in the City of Oak Park Heights,and;
WHEREAS, an improved highway is currently being constructed connecting the above described
segment to Osgood Ave N(County State Aid Highway No.24)along the south frontage of Trunk
Highway No. 36 in the City of Oak Park Heights,and;
WHEREAS,a new highway alignment is currently being constructed between Stagecoach Trail North
(County State Aid Highway No_21)near its intersection with 56d`Street North(County State Aid
Highway No. 28)to St. Croix Trail North (Minnesota Trunk Highway No. 95) in the City of Oak Park
Heights and the City of Bayport,and;
WHEREAS,the City of Oak Park Heights has been notified that Washington County intends to revoke
the County State Aid status of Stagecoach Trail North(County State Aid Highway No. 21)within the
north half of Section 3,Township 29N,Range 20W and within the south half of Section 34,Township
30N, Range 20W,described in Attachment 1 as Segment A,and;
WHEREAS,the City of Oak Park Heights has been notified that Washington County intends to revoke
the County State Aid status of the 2012 alignment of County State Aid Highway No.23 south of 62nd
Street North,described in Attachment 1 as Segment B,and;
WHEREAS,the City of Oak Park Heights has been notified that Washington County intends to revoke
the County State Aid status of 56`h Street(County State Aid Highway No. 28)between Stagecoach Trail
North(County State Aid Highway No. 21)and Pickett Avenue,described in Attachment I as Segment C,
and;
WHEREAS,the City of Oak Park Heights has been notified that Washington County intends to
designate the newly constructed highway alignment between Stagecoach Trail North and St. Croix Trail
North(Mimiesota Trunk Highway 95) as a portion of County State Aid Highway No. 21, described in
Attachment I as Segment D,and;
WHEREAS,the City of Oak Park Heights has been notified that Washington County intends to
designate the portion of Stagecoach Trail N south of Segment D as a portion of County State Aid
Highway No. 21,described in Attachment I as Segment E,and;
WHEREAS,the City of Oak Park Heights has been notified that Washington County intends to
designate the revised highway alignment between Segment D and 62nd Street North as a portion of
County State Aid Highway No. 23,described in Attachment A as Segment F, and;
WHEREAS,the City of Oak Park Heights has been notified that Washington County intends to
designate the improved highway along the south frontage of Trunk Highway No. 36 between Osgood
Page 57 of 142
Avenue N(County State Aid Highway No. 24)and Beach Road as County State Aid Highway No. 26,
described in Attachment l as Segment G;
NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of Oak Park Heights that
the revocation and designation requests described above, and
BE IT FURTHER RESOLVED that the City of Oak Park Heights is not assuming the ownership or
maintenance of any of the proposed routes, roads or streets and that the Washington County Board shall
continue to appropriately designate funding for any and all such infrastructure from non-City sources to
maintain these henceforth.
Adopted , 2015
Mayor
ATTEST:
City Clerk
ATTACHMENT 1
v Segment
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aY Revoke CSAH 23
a
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J
Gcfef Establish CSAH 23
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ment A �" r °• Segment C
",,�,,s `"- Se Revoke CSAH 28
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Revoke CSAH 21 �
Segment D
Establish CSAH 21 1'
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Establish CSAH 21
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Page 58 of 142
CERTIFICATION
I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted,
and approved by the City Council of said City on , 2015.
City Clerk, City of Oak Park Heights
Page 59 of 142
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Page 60 of 142
Oak Park Heights
Request for Council Action
Meeting Date Novellibei 131 ZL r,
Time Required: 3 Minutes
Agenda Item Title: Consider the MOVE MN Campaign Participation
lei
Agenda Placement .-New Business
Originating Department/Requester Mayor Mary McComber
Requester's Signature
Action Requested See Below
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed information relating to the MOVE MN Group: essentially it is a coalition of cities
and other private and non-profit organizations that are concerned with the equitable funding of
transportation systems in the State of MN.
Would the City Council be amenable to the City"signing—on"to this effort. While the effort is
anticipated to be valuable and meritorious, there is no City financial commitment of other contractual
obligation for the City to contribute to.
Page 61 of 142
i
Campaign Support Form
Goal:To address the urgent need for a comprehensive transportation funding package that begins to erase
Minnesota's transportation deficit and creates new funding that will enable the state to properly maintain and
improve transportation assets that expand access and opportunity for all and create living wage jobs.
Campaign Guiding Principles:To be effective, members of the coalition agree that a transportation funding
package must be:
Corn rchensive. Any transportation funding package must include funding for roads and highways,transit,
bike and pedestrian systems throughout Minnesota on both the state and local systems. In addition,the state
must work to continually improve the efficiency of transportation construction and operations.
Balanced.Any transportation funding package must be balanced between transportation modes and between
Greater Minnesota and the Twin Cities Metropolitan Area. We support developing a transportation system that
serves all Minnesotans equitably.
Sustainable/Gimmick-Free. Transportation funding solutions must be long-term and sustainable, and must
grow with the economy to meet the state's growing transportation needs. Bonding or borrowing is not a
suitable substitute to sustainable revenue for transportation. Bonding should only supplement additional
revenue.
Dedicated.New funding must be dedicated to transportation.
Please indicate your commitment of support by completing and signing this form. Your
participation will help ensure ourgreatest level of success.
City Name:
Your Name:
Phone: Email:
Sig nature:
We encourage you to get involved with the campaign. Please check which of the activities below you are
interested in.
Testify at the legislature
Reach out to business leaders
Make a statement to the media
Take part in a presentation to key stakeholder groups
Share campaign messages in your emails and social media
Please return signed form to:
Move MN
c/o Tunheim
8009 34th Ave S., Suite 1 100
Minneapolis, MN 55425
952-851-1610 (Fax)
Page 62 of 142
Eric .Johnson
From: Marymccomber @aol.com
Sent: Thursday, October 30, 2014 4:09 FM
To: Eric Johnson
Subject: Fwd: Follow-up: please join Move MN
From info(cbmovemn.orq
To: mar mccomber aol.com
Sent: 10/30/2014 3:01:32 P.M. Central Daylight Time
Subj: Follow-up: please join Move MN
Ffflovmm MN
"As the 2014 elections get underway, more people are starting to pay
attention to the lifeblood of our state: our transportation system.
Albert I..ea Tribune Editorial Board
Dear Mayor McComber,
Last week you should have received an email from Mayor Don Ness of Duluth and
Mayor Debbie Goettel of Richfield encouraging you to join our campaign. Move MN
is a growing statewide coalition of over 20o businesses, local elected officials,
communities, organizations, and associations committed to addressing Minnesota's
urgent transportations needs in 2015.
Transportation in Minnesota is the most important issue facing our next legislature.
And just as it has in the past, engaged and informed mayors will help ensure that our
leaders in St. Paul take action on a transportation solution that grows our state's
economy and moves people and products safely and efficiently.
To join Move MN, please return the Campaign Support Form that was
mailed to you or download another copy here!
We look forward to working�Mth you and please do not hestitate to contact us if you
l have any questions. For more information, visit our website at move:rn«.orcl or
contact the campaign at (952) 851-7253 or infoPmovemn.org.
�I
1 Page 63 of 142
Session Transportation Initiatives Beginning to Take Shape
The House Republican Caucus, in unveiling its legislative priorities, has included a
transportation funding proposal, HF 4. HF 4 proposes $750 million in new spending on roads
and bridges over the next four years. The bill does not include an increase in the gas tax and
reduces resources focused on transit. Funding for the proposal relies on creating savings of 15
percent in overall spending through efficiencies and reallocating unspent monies for use on new
projects. The bill appropriates $230 million from the projected surplus.
Move MN, a broad coalition of transportation and health advocates, also released a proposal
this week that includes support for additional tools and funding for city streets. This aligns with
Metro Cities priorities that support addressing the needs of local systems as part of any
comprehensive transportation funding proposal. The Move MN proposal includes:
Additional Efficiencies and Greater Transparency
Move MN believes efficiencies include finding cost savings; minimizing construction impact on
traffic, businesses and customers; using 21st century materials and practices; and prioritizing
projects with the greatest community benefit.
Roads and Bridges
Move MN supports applying the state's 6.5 percent sales tax to the price of fuel, which would
increase by approximately 14 cents per gallon. Move MN also supports a 10 percent increase in
license tab fees. All revenue from license tabs would be dedicated to fixing roads and bridges.
Safer Local Streets
Move MN supports additional state funding and local tools to help cities meet local road needs.
Move MN also supports reallocating $16 million in current flexible federal transportation funds to
helping communities in greater Minnesota develop vibrant downtowns and safer bike and
pedestrian routes to school and work.
Accessible Transit Statewide
Move MN supports closing a sales tax loophole by dedicating all of the sales tax from leased
vehicles to suburban highways and greater Minnesota transit.
The Twin Cities metro sales tax would is proposed to be increased by 3/4 cent and extend to the
full seven county metro area. It would fund transit connections in the metro area, increasing
transit service hours and coverage. Ten percent would be set aside for bike/walk connection
planning and implementation.
Transportation proposals from the Senate and the governor are expected to be unveiled soon.
For additional information, contact Todd Olson at 651-215-4003 or toddArnetrocitiesmn.org.
Page 64 of 142
%Tet -
Oak Park Heights
Request for Council Action
Meeting Date Jan 13th 2015
Time Required: 15 Minutes
Agenda Item Title:_ Consider Bayport Fire Station Agreement
Agenda Placement Old Business
Originating Department/Reques r Jo on Citv Administrator
Requester's Signature
Action Requested See Bel
Background/Justification 4e indicate if any previous action has been taken or if other public
bodies have advised):
Consider Fire Station Agreement as attached.
(Summary Memo will be available on 1112/15)
Page 65 of 142
FIRE PROTECTION SERVICES AGREEMENT
THIS FIRE PROTECTION SERVICES AGREEMENT (the "Agreement") is made as of this
day of 5 2015, by and between the Cities of Bayport (`Bayport") and Oak Park
Heights, Minnesota ("Oak Park Heights"), and the Townships of Baytown ("Baytown") and West
Lakeland,Minnesota("West Lakeland").
RECITALS
A. Bayport maintains medical rescue service equipment and fire-fighting trucks equipped with hose
and water tanks suitable for use in the protection of property against loss by fire in urban and
rural areas inside and outside of the corporate limits of Bayport. Oak Park Heights, Baytown and
West Lakeland do not maintain medical rescue service equipment or fire-fighting equipment of
their own, and each municipality desires to purchase the services of Bayport on an ongoing basis
for fire and medical rescue services within each municipality's respective corporate limits.
B. To more efficiently and comprehensively serve properties inside and outside the Bayport
corporate limits, Bayport has taken action to acquire vacant and unused land located at 5th
Avenue and Stagecoach Trail from the State of Minnesota for the purposes of constructing a new
fire station (the "Fire Station"). The State of Minnesota has passed legislation authorizing the
acquisition of the land at no cost to Bayport, which generates a significant cost-savings for the
overall fire station project.
C. The purpose of this Agreement is to memorialize the cooperative obligations and responsibilities
of the parties hereto, in order to provide for a steady and consistent revenue stream to (i) share in
the capital costs of the construction and initial equipping of the fire Station upon completion of
construction, and (ii) support the ongoing rescue and fire-fighting obligations of the Bayport Fire
Department(the"Fire Department").
NOW, THEREFORE, BE IT RESOLVED BY THE CITIES OF BAYPORT AND OAK PARK
HEIGHTS, MINNESOTA, AND THE TOWNSHIPS OF BAYTOWN AND WEST LAKELAND,
MINNESOTA, AS FOLLOWS:
ARTICLE ONE—FIRE STATION PROJECT CAPITAL FINANCING
1. Fire Station Project Components. The Fire Station project will include the following major
construction elements:
(i) Design,engineering,bidding and project management.
(ii) Grading and preparation of building site.
(iii) Construction of Fire Station.
(iv) Installation of utilities.
(v) Initial equipping of Fire Station upon completion of construction.
2. Fire Station Financing Structure — Capital Budget, Fixed Fair Share Formula. The cost-sharing
method for financing the Fire Station project shall be identical to the "fair share formula" currently used
by the parties hereto to calculate the annual operating cost responsibilities of each municipality. The fair
share formula calculation for 2014 for payment of the Project Costs (herein defined) for the Fire Station
shall remain constant over the term of this Agreement (hereinafter the "Fixed Fair Share Formula"), and
the parties hereto understand and acknowledge the Fixed Fair Share Formula percentages are as indicated
below:
1
Page 66 of 142
(i) Oak Park Heights: 52.58%
(ii) West Lakeland: 19.91%
(iii) Bayport: 17.88%
(iv) Baytown: 9.63%
3. Fire Station Revenue Sources. As of the date of this Agreement,the total cost for the Fire Station
project, including all construction and soft costs, contingency, and interest/financing costs related to the
anticipated future issuance of general obligation bonds by Bayport, is an estimate but will not exceed
$6,000,000 (the "Project Costs"). The following revenue sources and their estimated amounts are
anticipated to be allocated to reduce the Project Costs:.
(i) Private grants: $1,400,000
(ii) Bayport up-front cash contribution: $2,000,000
(iii) Remaining amount to be allocated via fair share formula: $2,600,000
The remaining amount of the Project Costs indicated in Section 3(iii) above shall be shared by all
parties to this Agreement, based upon the fixed Fair Share Formula enumerated in Section 2,as follows:
Total Cost Per Year for 15 ears
Oak Park Heights: $1,367,080 $91,139
West Lakeland: $517,660 $34,511
Bayport: $464,880 $30,992
Baytown: $250,380 $16,692
The preceding costs are estimated as of the date of this Agreement. Depending on bid results for
the Fire Station project, final interest/financing costs related to any general obligation bonds to be issued
by Bayport, and additional grant monies received by Bayport, these costs may be further revised and
finalized. Such additional revisions may be made without an amendment to this Agreement. Bayport
will notify each party of the finalized costs within a reasonable time of completion of construction.
A party's annual payment for the Project Costs under the Fixed Fair Share Formula is payable in
four equal payments on the 15 Ih day of January, April, July and October. These amounts shall be paid
regardless of whether the services of Bayport contemplated by this Agreement are utilized by any party to
this Agreement. Bayport will inform each party hereto of the payment due in 2015 under the Fixed Fair
Share Formula,once final Project Costs are known.
Once the Project Costs are finalized as described in the preceding paragraph, a party may decide
to "prepay" its share of the above Project Costs by depositing such amount with Bayport. Bayport will
verify the sufficiency of the funds and shall certify full payment by such party. In such instance, the
prepaying party will be entitled to all of the benefits, and shall continue to bear all the responsibilities,
allocated to it under this Agreement, except for the requirement to pay its annual amount toward the
Project Costs.
4. General Obligation- Bonds. Bayport may issue one or more series of general obligation bonds to
finance the, remaining Project Costs specified in Section 3(iii) above. The parties hereto understand and
acknowledge that if bonds are issued, the costs of issuance of the bonds (i.e. financial advisor/legal fees,
underwriter fees, rating agency fees, etc.) and the total interest costs of the bonds will be included in the
remaining Project Costs amount and will be subject to the Fixed Fair Share Formula. Bayport will be the
municipality ultimately responsible for repayment of the bonds, and the bonds will not be a full faith and
credit obligation of any other party to this Agreement.
Page 67 of 142
5. Ownership of Fire Station; Recovery of Investment.
(i) Ownership and Repair. The parties to this Agreement agree and acknowledge that
Bayport will be the owner of the Fire Station, including, but not limited to, all the
furniture,fixtures and equipment therein,and is the fee title owner of the underlying land.
Any amounts paid by any other parry to this Agreement do not give rise to any ownership
interest in, or responsibility towards, those items. Bayport will complete the Fire Station
project and will cause it to be constructed and completed free from all liens in accordance
with plans and specifications approved by Bayport, and within the project's budget.
After construction, Bayport will keep the Fire Station and its furniture, fixtures and
equipment in good condition and free from all liens. Bayport will from time to time
make all needed and proper repairs, replacements, additions and betterments of the Fire
Station so that it may at all times by operated properly and advantageously.
(ii) No Sale; Compliance with Restrictive Covenants. Under the deed granting the Fire
Station land to Bayport from the State of Minnesota, Bayport is subject to various
restrictive covenants on the land (the "Restrictive Covenants"), including using the land
only for fire station purposes, including without limitation office space for the officers
and the storage of firefighting apparatus such as fire engines and related vehicles,
personal protective equipment, fire hoses and other specialized equipment. Therefore,
Bayport will not sell, mortgage or in any manner dispose of the Fire Station or any part
thereof, including any and all extensions and additions that may be made thereto.
Bayport shall also apply with all other Restrictive Covenant conditions and requirements,
which are attached hereto as Exhibit A and incorporated herein.
(iii) Property and Liability Insurance. Bayport will procure and keep in force insurance on
the Fire Station and the equipment and furnishings thereof, protecting against loss or
damage by fire,tornado, wind storm, flood,theft and all other causes customarily insured
against for like properties. In the event of loss covered by said insurance policies or
bonds and in order to comply with the Restrictive Covenants, the proceeds thereof shall
be used to repair or restore the damage to an equivalent value. Bayport will further keep
in force liability insurance policies covering its operation of the Fire Station. Upon
request of any other party to this Agreement, Bayport will provide copies of certificates
or other suitable documents showing the insurance coverages described in this Section
are being maintained.
(iv) Destruction of Fire Station; Recovery of Investment. During the term of this Agreement,
in the event the Fire Station is destroyed and any insurance proceeds are not used for its
reconstruction, each party to this Agreement will be compensated in the aggregate
amount it has contributed to the Project Costs under the Fixed Share Formula, as of the
date of destruction, subject to a straight-line 39-year depreciation figure under the
Modified Accelerated Cost Recovery System Alternative Depreciation System
(MACRS/ADS). Subject to the requirements of the Restrictive Covenants, Bayport may
use insurance proceeds to compensate the parties hereto under such a scenario.
(v) Discontinuance of Fire Station; Recovery of Investment. During the term of this
Agreement, in the event the Fire Station is discontinued on the underlying land for
whatever reason, the Fire Department ceases to exist, or the Fire Department merges with
another entity, each party to this Agreement will be compensated in the amount that it has
contributed under the Fixed Fair Share Formula, as of the date the Fire Station is no
longer operational or operated by Bayport. This date may be determined by the State of
Minnesota in case of a violation of the Restrictive Covenants, or by a third party upon
agreement of the parties hereto. For example, if the Fire Station is determined to be no
longer operational as of January 1, 2020, each party to this Agreement shall be
Page 68 of 142
reimbursed for five years of payments under the Fixed Fair Share Formula (see Section
3(iii) above) by Bayport within a reasonable time of such request. Reimbursement
payments shall be subject to a straight-line 39-year depreciation figure under the
Modified Accelerated Cost Recovery System Alternative Depreciation System
(MACRS/ADS).
6. Utili!Y Sizing-, Reimbursement. The parties to this Agreement understand and acknowledge the
Fire Station will be served by new water and sanitary sewer connections, which will be extended by
Bayport. These utility connections are currently included in the Project Costs and are allocated to all
parties hereto under the Fixed Fair Share Formula. It is anticipated that Bayport will construct and size
the utility infrastructure to allow for future development of parcels in the vicinity of the Fire Station. If
those parcels develop over the term of this Agreement and utilize the utility infrastructure that also serves
the Fire Station, Bayport will reimburse the other parties to this Agreement pro rata amounts that were
allocable to the construction of utility infrastructure available for such future developments.
ARTICLE TWO—FIRE DEPARTMENT OPERATIONAL BUDGET COST SHARE AND
OPERATIONAL STANDARDS
1. Provision of Vehicle(s), Equipment and Personnel. In consideration of the promises and the
mutual covenants contained herein, Bayport agrees, subject to the terms and conditions hereinafter set
forth, upon call for fire or medical rescue services within any other member community to this Agreement
requesting Bayport's assistance for emergency medical rescue service or for fighting fires, to send a
vehicle or vehicles, equipment and driver and additional personnel, if available, with reasonable dispatch
to said medical rescue emergency, fire or other applicable event. The Bayport Fire Chief or his agent
shall have the unfettered discretion to dispatch such vehicle(s), equipment and personnel, if any, as
deemed necessary to respond to said call. Upon arrival at the scene of the fire or medical rescue
emergency, as the case may be, the driver and other personnel furnished by Bayport shall use said
vehicle(s)and equipment as may be necessary in fighting said fire or providing medical rescue emergency
services.
2. Payment for Services—Annual Operational Budget.
(i) Annual Budget. The separate payment for the provision of vehicle(s), equipment and
personnel on an as-needed basis to each municipality under this Agreement(i.e. the"Fire
Department Budget"), will be determined on an annual basis pursuant to a variable fair
share formula. This formula for each party in any given year is that party's current net tax
capacity plus the five-year rolling average of fire calls carried out in such party's
jurisdiction, divided by 2 (hereinafter, the "Variable Fair Share Formula"). The parties
hereto understand and acknowledge the Variable Fair Share Formula as of the date of this
Agreement for 2015 is described in Article 1, Section 2.
(ii) Timing of Payments. A party's payment for the funding of the annual Fire Department
budget, under the Variable Fair Share Formula, for each one-year period of this
Agreement is payable in four equal payments on the 15'h day of January, April, July and
October. These amounts shall be paid regardless of whether the services of Bayport
contemplated by this Agreement are utilized by another party to this Agreement.
Beginning in 2016, Bayport will timely inform each party of its payment due under the
Variable Fair Share Formula in advance of the given year.
(iii) Maximum Annual Budget Increases. The Fire Department Budget will not be raised by
more than three percent(3%) in any given year during the term of this Agreement. The
"base year" for this formula shall begin January 1, 2015. This budgetary ceiling will not
affect any changes to the Variable Fair Share Formula, which may increase a party's
contribution on a per dollar basis by more than 3% in any given year.
Page 69 of 142
(iv) Significant Reduction in Tax Capacity of a party; Renegotiation of Variable Fair Share
Formula. If any party to this Agreement sustains a significant reduction in tax capacity
to its taxable property during the term of this Agreement, due to a taxable entity being
declared tax-exempt, a major reduction in market value, or for any other reason
("significant" being defined as a reduction of 25% or more of the immediately previous
tax capacity value, as verified by the Washington County Assessor), the parties hereto
agree to renegotiate this Agreement in good faith to recalculate the Variable Fair Share
Formula. Payments due by each party for capital costs of the Fire Station under the Fixed
Fair Share Formula shall not be affected.
eW)4� (v) Maximum Variable Fair Share Cap. At all times during the term of this Agreement:
(A) The individual Variable Fair Share Formula allocable to any party under this
Agreement shall not constitute more than sixty-two percent (62%) of the total Variable
Fair Share Formula (the "Maximum Variable Fair Share Cap"). If a party reaches or
exceeds the Maximum Variable Fair Share Cap,the remaining percentage of the Variable
Fair Share Formula shall be reallocated among the remaining parties to this Agreement,
based on each party's pro rata share of the total Variable Fair Share Formula. Once the
party that meets or exceeds the Maximum Variable Fair Share Cap falls below such Cap,
the Variable Fair Share Formula will again be applied to all the parties hereto.
(B) For example, if a party individually reaches 65% of the total Variable Fair Share
Formula, the party's individual Variable Fair Share Formula will instead be calculated at
62%, which is the Maximum Variable Fair Share Cap. The remaining parties to this
Agreement will absorb the excess percentage based on their pro rata shares of the
Variable Fair Share Formula. If one party's share constitutes 2/3 of the remaining
percentage, such party would absorb 2% of such excess, and the remaining parties would
absorb 0.5% of the excess percentage.
3. Operations. The operation of the vehicle(s) and the direction of their use at the scene of a fire or
medical rescue emergency, together with said equipment, shall be directed by the Chief, or Assistant
Chief, of the Bayport Fire Department if they are present at the fire or medical rescue emergency.
Otherwise, said operation and direction shall be in the charge of the driver of said vehicle(s) deployed to
the fire or medical rescue emergency.
4. Insurance Coverage. In addition to the property and liability insurance maintained in connection
with the Fire Station under Article 1, Section 5(iii) hereof, Bayport shall maintain general liability
insurance for its services rendered under this Agreement and shall include each party to this Agreement as
an additional insured for the term of this Agreement and any extension thereof. Bayport shall maintain
insurance equal to or greater than the maximum liability applicable to municipalities as set forth in
Minnesota Statutes, Section 466.04, Subdivision 1, as amended. Bayport shall also maintain inland
marine, automobile, and property insurance coverage. Upon request by a party to this Agreement,
Bayport shall provide proof of such insurance coverage and the additional insured endorsement naming
such party. Bayport shall also maintain workers' compensation coverage as required by law.
5. Indemnification. Bayport agrees to defend and indemnify each party to this Agreement against
any claims brought or actions filed against such party or any officer,employee, or volunteer of such party
for injury to, death of, or damage to the property of any third person or persons, arising from Bayport's
performance of services under this Agreement. Under no circumstances, however, shall Bayport be
required to pay on behalf of itself or any other party, any amounts in excess of the limits on liability
established in Minnesota Statutes,Chapter 466, applicable to any one party. The limits of liability for any
party to this Agreement and Bayport may not be added together to determine the maximum amount of
liability for Bayport. The intent of this subdivision is to impose on Bayport a limited duty to Slefend and
Page 70 of 142
indemnify each party to this Agreement for claims arising out of the performance of this Agreement
subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty
to defend and indemnify is to simplify the defense of claims by eliminating conflicts between the parties
and to permit liability claims against both parties for a single occurrence to be defended by a single
attorney.
6. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation
on, liability available to either party,whether set forth in Minnesota Statutes, Chapter 466 or otherwise.
7. Good Faith-, Availabili of Vehicle(s), Equipment and Personnel. Bayport will act in good faith
in sending vehicle(s), equipment and personnel to any fire or medical rescue emergency, shall use best
efforts and practices to provide such fire and emergency rescue services pursuant to current fire safety
protocol and as required under federal and state law and the then-current Minnesota Fire Code, and no
liability shall attach to Bayport by reason of any such fire or medical rescue emergency or by reason of
any negligent act or omission of the driver(s) or any of the personnel sent by Bayport in connection with
the work of fighting any fire or providing medical rescue services; if multiple fires or medical rescue
emergencies occur at the same time with in the Fire Department's service area, the Bayport Fire Chief or
his agent shall have the unfettered discretion to direct the deployment of available vehicle(s), equipment
and personnel to a certain location or locations. Shall road or weather conditions be, in the unfettered
judgment of the Bayport Fire Chief or his agent, unfavorable in furnishing of vehicle(s), equipment and
personnel at the time,Bayport is not obligated to respond to said call. Bayport and its officers, employees
and volunteers shall not be liable to any party to this Agreement or any other person for any failure to
furnish assistance under this Agreement or for recalling assistance as provided herein, should conditions
or circumstances warrant such action.
8. Annexation and Detachment. Subject to the requirements of this Section, any party to this
Agreement may annex land into its corporate boundaries, and may have all or a portion of its land
\ , detached and added to another jurisdiction.
��}( (i) Annexation. Upon a party to this Agreement annexing additional property, such that the
\ corporate boundaries of the party are extended beyond the area of service provided for as
of the date of this Agreement, fire services shall be extended to such annexed area, unless
the Bayport Fire Chief determines the Fire Department to be incapable of reasonably
extending fire service. The newly annexed area will be included in the Variable Fair
Share Formula allocated to such annexing party as of the date of the annexation as long
as fire protection coverage is also extended. Each party shall promptly notify the Fire
Department and the other parties to this Agreement of any planned annexations should
these be reasonably anticipated.
Once a party reaches the Maximum Variable Fair Share Cap at any time during this
Agreement, any further annexations that include property receiving fire services will not
be subject to the Cap, but will still be included in the Variable Fair Share Formula. If an
annexed area is not provided with fire services for any reason, it shall not be included in
the Variable Fair Share Formula allocable to such party. For example, if a proposed
annexation increases a party's Variable Fair Share Formula figure to 63%fl,the Maximum
Variable Fair Share Cap shall also increase to 63%. Any further increases in the Variable
Fair Share Formula not related to annexation will not be included, due to the Maximum
Variable Fair Share Cap.
(ii) Detachment_ If a party to this Agreement detaches its property, in whole or in part, to an
adjacent annexing municipality, such detached property will remain subject to all the
requirements of this Agreement, including the payments required under the Fixed Fair
Share Formula and the Variable Fair Share Formula. Each party shall promptly notify
Page 71 of 142
the Fire Department and the other parties to this Agreement of any planned detachments
should these be reasonably anticipated.
ARTICLE THREE--MISCELLANEOUS
NW 1. Adviso1y Committee, Seven-Year Review. At all times under this Agreement Bayport will retain
managerial and operational authority over the l=ire Department and the Fire Station. The parties to this
Agreement will designate a representative or representatives to constitute an advisory commission to meet
on a quarterly basis. The advisory commission will have no formal authority to control the Fire
Department, the Fire Station any party to this Agreement, or any other particular of this Agreement, but
may propose recommendations or other action items to the parties hereto. On or about the seventh ear
the anniversary of this Agreement, whether or not the advisory comrntssion is regularly meeting, the
parties hereto shall designate representatives to attend a formal meeting that reviews all aspects of this
Bement, including current policies and practices hereunder.
2. Termination- Amendment. Additional Parties. Unless otherwise amended or continued by
agreement of the parties hereto, this Agreement shall terminate on December 31, 2029. This Agreement
may only be amended upon mutual written consent of all of the parties hereto. If at a future date
additional municipalities request fire services from Bayport, this Agreement must be amended to include
such municipality or municipalities and recalculate the Fixed and Variable Fair Share Formulas.
3. Service Contract, Interpretation; Signatures. This Agreement is a service contract. The parties
hereto do not intend to undertake or create, and nothing herein shall be construed as creating, a joint
powers agreement, joint venture, or joint enterprise. This Agreement shall be interpreted according to
Minnesota law. This Agreement may be signed individually, and the aggregation of all such signature
pages shall collectively be a part of this Agreement.
4. No Severability. The provisions of this Agreement shall not be deemed severable. If any part of
this Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall render the
remainder of this Agreement as unenforceable and without further effect.
(The remainder of this page is intentionally left blank.)
Page 72 of 142
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the
day and year first above written.
CITY OF BAYPORT,MINNESOTA
Its Mayor Date
Its City Administrator Date
CITY OF OAK PARK HEIGHTS,MINNESOTA
Its Mayor Date
Its City Administrator Date
TOWN OF WEST LAKELAND,MINNESOTA
Its Chair Date
Its Clerk Date
TOWN OF BAYTOWN,MINNESOTA
Its Chair Date
Its Clerk Date
Page 73 of 142
EXHIBIT A
RESTRICTIVE COVENANTS
Page 74 of 142
RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is made as of
2014, by the State of Minnesota, Department of Administration ("Declarant").
RECITALS:
A. Pursuant to Laws of Minnesota 2014, Chapter 294, Article 2, Section 21, notwithstanding
Minnesota Statutes, Sections 16A.695 and 16B.281 to 1613.296, the Commissioner of
Administration of the State of Minnesota may convey to the City of Bayport for no
consideration that certain parcel of land more particularly described on Exhibit A
attached hereto and made a part hereof by reference (hereinafter"Restricted Parcel"),
provided that the Restricted Parcel revert to the state if the City of Bayport stops using
the Restricted Parcel for a public purpose as a fire station.
B. As a condition of said conveyance, the City of Bayport has agreed and consented to
Declarant establishing certain restrictions on the Restricted Parcel described below.
NOW, THEREFORE, in consideration of the conveyance of the Restricted Parcel to
Buyer by Declarant, and for other consideration, the receipt and sufficiency of which is hereby
acknowledged, Declarant states:
1. Recitals. The Recitals above are hereby incorporated herein and made a part hereof.
2. Restricted Parcel Restrictions. Declarant hereby declares and imposes the following
restrictions ("Restrictions")on the Restricted Parcel:
(a) The Restricted Parcel shall only be used as a city fire station for fire station purposes
including without limitation office space for the officers and the storage of firefighting
apparatus such as fire engines and related vehicles, personal protective equipment, fire
hoses and other specialized equipment. In the event the Restricted Parcel is not used as
a city fire station for fire station purposes (i) for twelve (12) consecutive months or (ii)
for Iess than twelve (12) months on three (3) separate occasions over a three (3) year
period,the Restricted Parcel shall automatically revert to Grantor unless Grantor
specifically grants Buyer, or its successors and assigns, an exception to these time
periods in writing. Upon reversion to Grantor, Buyer, or its successors and assigns,
shall demolish and remove �iI1 portions of such structure and its improvements,
including the debris resulting therefrom, and otherwise clean and restore the area
affected by such demolition to a level, graded condition.
(b) Buyer, its successors and assigns, of the Restricted Parcel shall follow all zoning
requirements in place on the date Buyer first acquires the Restricted Parcel, including
without limitation setback minimums and building height maximums.
Page 75 of 142
(c) Only one building or structure may be erected on the Restricted Parcel. The
improvements on the Restricted Parcel shall conform to the attached site plan attached
hereto as Exhibit B ("Site Plan").
(d) All equipment, supplies, materials and vehicles at the Restrictive Parcel shall be stored
so that they are not visible from the Minnesota Correctional Facility in Bayport,
Minnesota.
(e) Buyer, its successors and assigns, of the Restricted Parcel shall maintain, at its sole cost
and expense, the same in a clean and neat condition and shall take such measures as
are necessary to control grass, weeds, blowing dust, dirt, litter or debris. Buyer, its
successors and assigns, of the Restricted Parcel covenants to keep and maintain, at its
sole cost and expense, the building located on the Restrictive Parcel in good order,
condition and repair.
{f) Buyer, its successors and assigns, of the Restricted Parcel shall fence all improvements
located from time to time on the Restrictive Parcel, including without limitation the
improvements shown on the Site Plan, so that public access to the site is blocked after
normal business hours.
(g) All lighting at the Restrictive Parcel, including without limitation,the perimeter lighting
of the improvements located from time to time on the Restrictive Parcel, shall be
designed so it does not encroach or invade the residential living units of the Minnesota
Correctional Facility in Bayport, Minnesota. In the event the lighting at the Restrictive
Parcel interferes with, causes a nuisance to, encroaches, or invades the residential living
units of the Minnesota Correctional Facility in Bayport, Minnesota, Declarant shall have
the right to require Buyer, its successors and assigns, at Buyer's (or its successors and
assigns') expense,to modify the lighting so that the interference, nuisance,
encroachment or invasion is eliminated.
(h) The improvements, building, and structures on the Restricted Parcel shall be no taller
than the shorter of two (2) stories or twenty (24) feet in height.
(i) Buyer, its successors and assigns, of the Restricted Parcel shall install within sixty(60)
days of the date of this Agreement and subsequently maintain a nuisance fence along the
border of the Restricted Parcel and any property owned by Grantor. The nuisance fence
shall be made of galvanized steel, six (6) foot high chain link with no visual
obstructions, such as, for example, slats, within the fence fabric.
(j) Only deciduous trees shall be allowed on the Restricted Parcel and no trees, shrubs,
bushes or landscaping of any kind shall be within thirty(30) feet of the fence required
and described in Section 2(i) above.
2
Page 76 of 142
3. Default
(a) All Legal and Equitable Remedies Available. In the event of a breach or threatened
breach by any owner of the Restricted Parcel or its permittees of any of the terms, �
k:ovenants, restrictions or conditions hereof, Declarant shall be entitled forthwith to full
and adequate relief by injunction and/or all such other available legal and equitable
remedies from the consequences of such breach, including payment of any amounts
due and/or specific performance.
(b) Demolition Remedy. Notwithstanding anything to the contrary in this Agreement, in the
event that the structure on the Site Plan is not used as a fire station in accordance with
Section 2(a)above, then Buyer, its successors and assigns, of the Restricted Parcel shall,
within ninety (90) days after receiving written notice from Declarant, demolish and
remove all portions of such structure and its improvements, including the debris resulting
therefrom, and otherwise clean and restore the area affected by such demolition to a level,
graded condition.
(c) Additional Remedies. In addition to all other remedies available at law or in equity,
upon the failure of the owner of the Restricted Parcel to cure a breach of this
Declaration within thirty (30) days following written notice thereof by Declarant, the
Declarant shall have the right to, but shall not be obligated or required to, perform such
obligation contained in this Declaration on behalf of the owner of the Restricted
Parcel and be reimbursed by the owner of the Restricted Parcel upon demand for the
reasonable costs thereof.
(d) Lien Rights. Any claim for reimbursement, including interest as aforesaid, and all costs
and expenses including reasonable attorneys' fees awarded to Declarant iii enforcing any
payment in any suit or proceeding under this Agreement shall be assessed against the
Restricted Parcel in favor of Declarant and shall constitute a lien against the restricted
Parcel until paid, effective upon the recording of a notice of lien with respect thereto in
the Office of the of the County Recorder of Washington County.
4. Miscellaneous.
(a) No Waiver. The failure of the Declarant to enforce the covenants herein shall not be
deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other
restriction.
(b) No Third Party Beneficiaries. This Declaration is for the benefit of Declarant, its
successors and assigns, and for no other person or entity and there shall be no third party
beneficiaries of the terms of this covenant.
(c) Run With the Land. This covenant shall run with the land and be binding upon the
executors,administrators,heirs, assigns of the covenantor, and their successors in title.
3
Page 77 of 142
IN WITNESS WHEREOF, this Declaration is made as of the date first written above.
DECLARANT:
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
By:
S ' ,N('Fj t I WN K
C ninissioner of Administration
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this S"t4' day of
ne. -- , 2014, by Spencer Cronk, Commissioner of Administration, on behalf of the
State of Minnesota, Grantor.
r
Notary PUb is
APPROVED:
mom
STATE OF MINNESOTA
DEPARTMENT OF CORRECTIONS T
B
Title CrUI I'lr �✓
Date �� 1
Drafted By:
Roger F. Behrens, Esq.
Real Property Specialist
State of Minnesota
Department of Administration, Real Estate and Construction Services Division
50 Sherburne Avenue, Suite 309
St. Paul,MN 55155
5
Page 78 of 142
Exhibit A
Legal Description of Restricted Parcel
That pant of the Southeast Quarter of the Southwest Quarter, Section 3, Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence
South 89 degrees 28 minutes 13 seconds West, assigned bearing, along the south line of said
Southeast Quarter of the Southwest Quarter, a distance of 665.22 feet to the easterly right-of-way
line of Stagecoach Trail North (A.K.A. County State-Aid Highway 21);thence North 00 degrees
31 minutes 47 seconds West, along said easterly right-of-way line, 60.00 feet to the point of
beginning of the tract to be herein described; thence North 34 degrees 35 minutes 03 seconds
West, along said right-of-way line, 112.00 feet; thence North 21 degrees 21 minutes 41 seconds
East, along said right-of-way line, 508.03 feet; thence South 70 degrees 24 minutes 54 seconds
East, 250.49 feet; thence South 00 degrees 08 minutes 49 seconds East, 478.06 feet to the
northerly right-of-way line of County State-Aid Highway 14 (A.K.A. 5th Avenue North); thence
South 89 degrees 28 minutes 13 seconds West, along said northerly right-of-way line, 358.72
feet to the point of beginning.
6
Page 79 of 142
Exhibit B
Site Plan
7
Page 80 of 142
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Page 81 of 142
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 82 of 142
P-
Oak Park Heights
Request for Council Action
Meeting Date January 13'h, 2015
Time Required: 10 Minutes
Agenda Item Title: Stillwater Motors—Sign Variances—5900 Stillwater Blvd N.
Agenda Placement New Busi ss
Originating Department/Re estor Eri`' ohnso it Administrator
Requester's Signature
Action Requested Please sec below.
Background/Justification(Please°indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Scott Richards:
1. Planners Report Dated 12/4/14
2. Planning Commission Recommendation—Unsigned.
3. Proposed City Council Resolution.
Page 83 of 142
�3601 Thurston Avenue N, Suite 100 ENCLOSURE
Anoka, MN 66303
Phone: 763.231.6844
Facsimile: 763.427,0620
TPCTPC@PtanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: December 4, 2014
RE: Oak Park Heights — Stillwater Motors - Variances for
Signage — 5900 Stillwater Blvd North
FILE NO: 236.02— 14.05
BACKGROUND
Daniel, DJ Raduenz of Raduenz Dealership Properties LLC, has made application for
variances for signage at 5900 Stillwater Blvd North. Variances are requested related to
the number, height, overall sign square footage, and allowances for the proposed
changeable copy sign.
The property is zoned B-3, Highway Business and Warehouse District in which
automotive sales and service is a Conditional Use. The Applicant has requested to add
an Electronic Message Center (EMC) sign at the south end of the property line adjacent
to Stillwater Boulevard. The second request is to raise the existing Chevrolet/Buick
franchise sign at the northeast corner of the site from 31 feet to 40 feet in height.
The last variance for signage for Stillwater Motors was approved by the City Council on
July 26, 2005. The variance included the following conditions:
7. An approval of a sign variance allowing a total of ten wall signs and
eliminating the two 34 square foot "showroom° sign as proposed on the building
elevations. The Applicant shall provide an accurate rendering of wall signs for
review and approval of the City Council. The City Council approves the overall
number and square footage of allowable wall signage for the project.
8. The Applicant shall remove the large pylon sign at the northwest corner of
the site and all checkered banners prior to issuance of a certificate of occupancy
for the remodeled building.
Page 84 of 142
Attached for reference:
Exhibit 1: Project Narrative
Exhibit 2: Site Plan — Existing and Proposed Sign locations.
Exhibit 3: Proposed Freestanding EMC Sign — Option 1
Exhibit 4: Proposed Freestanding EMC Sign — Option 2
Exhibit 5: Proposed Freestanding EMC Sign — Option 3
Exhibit 6: Proposed Freestanding EMC Sign — Option 4
Exhibit 7: Existing Building Wall Signage Table
Exhibit 8: Wall Sign Picture (2001, 2002, 2005, 2006-2008, 2009 and 2010)
Exhibit 9: Wall Sign Picture (2003, 2004)
Exhibit 10: Wall Sign Diagram (2006/2007/2008)
Exhibit 11: Wall Sign Diagram (2009/2010)
Exhibit 12: Existing Pylon Signage Table
Exhibit 13: Pylon Signage Picture (1001)
Exhibit 14: Pylon Signage Picture (1002)
Exhibit 15: Pylon Signage Picture (1003)
Exhibit 16: Electronic Sign Brightness Information — November 20, 2014
Exhibit 17: Proposed Freestanding EMC Sign Landscape Plan
Exhibit 18: Conditional Use Permit and Variance—July 26, 2005
ISSUES ANALYSIS
Project Narrative. Mr. Raduenz has provided the following narrative that is also found
within Exhibit 1 of this report:
Stillwater Motors is requesting a variance for installing an Electronic Message Center
(EMC) and to replace its current Chevrolet/Buick pylon sign on the northeast corner of
the property, to a taller 40 foot pylon sign (Exhibit 14).
The variance requests are:
(1) Electronic Message Board
(2) ChevroletlBuick Pylon Sign
(1) We are asking for a variance to install an EMC sign on the south end of the
east property line.
We currently have three pylon signs. See Exhibits 13,14,15
The EMC sign would allow Stillwater Motors to stay abreast of modern technology in the
automotive industry and allow us to promote our business and products. By allowing
the EMC sign it would also minimize the need for temporary signs and banners thus
eliminating potential distractions to passing motorists.
2
Page 85 of 142
The existing signs alone Stillwater Blvd are a branding requirement of our GM franchise.
Adding an EMC to the existing GM signs is not an option (this is not allowed by our
franchise).
There are four options that (See Exhibits 3 thru 6) we are looking at, while option #2
meets the sign ordinances this becomes a large sign. Option #4 is a very clean look
and is our preferred option.
(2) Our ChevroletlBukk Pylon Sign
We are asking for a variance to replace our existing ChevroletlBuick franchise sign (See
Exhibit 14). It currently stands at 31 feet. The replacement would raise it to 40 feet and
the sign panels would be reused, so the 11 feet, 3 '4 inches x 19 feet 3 % or 127 square
foot sign would remain the same. The architecture and visual appearance would
remain the same. Raising the pylon sign would make it more visible from Highway 36
and County Road 5 at the bridge. Visibility is important to our business.
Comprehensive Plan. The Comprehensive Plan designates this area as Commercial
on the Proposed Land Use Map. The use of the property for automotive sales and
service is consistent with this land use designation.
Zoning Ordinance. The property is zoned B-3, Highway Business and Warehouse
District in which automotive sales and service is a Conditional Use. The Applicant has
applied for signage variances to allow an additional pylon sign, to allow for a 40 foot
sign where a 30 foot sign is allowed, to increase the allowable overall sign square
footage for the site, and to allow for a changeable copy sign that will not meet the
requirements. Review of the criteria for variances is found later in this report.
Design Guidelines. The Design Guidelines indicate that ground or monument signs
are encouraged over pylon signs. The Planning Commission should discuss whether
the new sign could be designed as a monument sign.
Signage. The property is within the Destination Retail Highway Sign District which
would allow one freestanding sign of 150 square feet and a maximum height of 30 feet.
The 2005 variance allowed a total of 10 wall signs for the site. The overall allowable
sign area for the site would be 500 square feet.
Proposed Electronic Message Center Sian. The Applicant has proposed a new EMC
sign at the south end of the site adjacent to Stillwater Boulevard. There are four sign
options proposed by the Applicant with Option 4 preferred by Stillwater Motors. The
regulations for electronic signs indicate that the changeable copy portion of the sign
shall not occupy more than 35 percent of the actual copy and graphic area of a
freestanding sign. Only Option 2 would meet this requirement. Option 4 would be a 50
square foot sign with an overall height of 15 feet. This sign would require a variance
from the provisions for changeable copy signs in 401.15.G.9.d.4) of the Zoning
Ordinance. A variance is also required to add an additional freestanding sign. The
Planning Commission should consider these options and determine if a variance is
3
Page 86 of 142
warranted. This would be the first variance granted from the provisions related to
electronic signs.
Proposed Height Increase For Existing Freestanding Sign. The applicant has proposed
raising the existing freestanding pylon sign at the northeast comer of the site from 31
feet to 40 feet. The size of the sign is 127 square feet. The existing sign panels would
be reused so the new sign would be the same size. The property is within the
Destination Retail Highway Sign District which would allow one freestanding sign of 150
square feet and a maximum height of 30 feet. The sign would require a sign height
variance. The sign base wiil be landscaped.
Sign Square Feet
Sin Message Height
North Pylon Collision Center 25 80
Northeast Pylon Chevrolet/Buick 31 127
East Pylon Chevrolet Truck 28 77
TOTAL 284
Wall Si_gnag_e. There are no changes to the wall signage proposed. The 2005 variance
allowed for 10 wall signs. Currently there are 10 wall signs in place.
Total No. Square Feet
Sin Message of Signs
West Elevation Service 2 21.3
Body Shop 31.3
South Elevation Delivery 2 25
Stillwater Motors 58.11
North Elevation Buick 2 94.5
Chevrolet 93.0
East Elevation Certified Service 2 33.8
Buick Emblem 20.53
Southeast Bowtie 2 13.37
Elevation Chevrolet 35.37
Signature
TOTAL 10 425.98
4
Page 87 of 142
Allowable Sign Area.
The total allowable sign area on site, with the freestanding signs, would be 500 square
feet. Currently there are 10 wall signs with a total of 426 square feet. The proposed
and existing freestanding signs total 334 square feet for a site signage total of 760
square feet. The Planning Commission will need to consider variances for number,
height, allowances for the proposed changeable copy sign and the site signage that
exceeds the total allowable by 260 square feet.
Sign Illumination. The proposed sign will be required to comply with the Zoning
Ordinance fighting requirements. Staff will approve the lighting specifications for the
signs at the time of permitting.
Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park
Heights Zoning Ordinance. The Planning Commission and the City Council should
review the following criteria and conditions to determine if the sign variances are
justified.
Review Criteria. The Planning Commission and City Council should make a finding of fact that the
proposed action will not.
a. Impair an adequate supply of light and air to adjacent property.
b. Unreasonably increase the congestion in the public street.
c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood
protection than the flood protection elevation for the particular area or permit standards which are
lower than those required by State law.
d. Increase the danger of fire or endanger the public safety.
e. Unreasonably diminish or impair established property values within the neighborhood, or in any
way be contrary to the intent of this Ordinance.
f. Violate the intent and purpose of the Comprehensive Plan.
g. Violate any of the terms or conditions of Item 5, below.
h. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless
it can be demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of special conditions and
circumstances which are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures or buildings in the same district.
1) Special cases may include exceptional topographic or water conditions or, in the case of an
existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the
property.
2) Undue hardship caused by the special conditions and circumstances may not be solely
economic in nature, if a reasonable use of the property exists under the terms of this Title.
3) Special conditions and circumstances causing undue hardship shall not be a result of lot size
or building location when the lot qualifies as a buildable parcel.
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this ordinance or
deny the applicant the ability to put the property in question to a reasonable use.
c. The special conditions and circumstances causing the undue hardship do not result from the
actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege that is
denied by this Ordinance to other lands, structure or buildings n the same district under the same
conditions.
e. The request is not a result of non-conforming lands, structures or buildings in the same district.
f. The request is not a use variance.
5
Page 88 of 142
g. The variance requested is the minimum variance necessary to accomplish the intended purpose
of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
Due to the location of this business in that the building will have limited visibility from
Highway 36, the applicants have indicated that allowing only a 31 foot freestanding
would cause an undue hardship for their business and the ability of customers to locate
the building. A number of other businesses in the Highway 36 corridor have asked for
and received variances for signage. Granting a variance request will not create an
inconvenience to neighboring properties and uses. Additionally, the Planning
Commission should also consider the precedence of allowing an electronic sign without
the additional non electronic sign area that is required by the sign regulations. This is
the first time that the City has considered such a variance. City Staff does not have an
issue with allowing an additional sign or the increase in the overall sign square footage.
CONCLUSION AND RECOMMENDATION
If the Planning Commission agrees to recommend the requests for the variances, they
should consider the conditions that follow:
• Variances — To allow an additional pylon sign, to allow for a 40 foot sign where a
30 foot sign is allowed, to increase the allowable overall sign square footage for
the site, and to allow for a changeable copy sign that will not meet the allowable
requirements.
1. All conditions of the Conditional Use Permit and Variance for Raduenz
Dealership Properties LLC approved July 26, 2005 shall remain in effect.
2. The sign specifications and methods of illumination shall be subject to review and
approval of the City Planner at the time of permitting.
3. The Planning Commission should discuss whether requiring the new sign to be
constructed as a monument sign.
4. The landscape plan for the area around the new sign shall be subject to review
and approval of the City Arborist.
pc: Julie Hultman
6
Page 89 of 142
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•FAMTLY OWNED SINCE 1922 -
5900 Stillwater Boulevard North•P.O.Box 337
November 12,2014
Stillwater,Minnesota 55082
City of Oak Park Heights,
Stillwater Motors Is requesting a variance for Installing an Electronic Message Center(EMC)and to
replace its current Chevrolet/Buick Pylon Sign on the northeast corner of the property,to a taller 40 foot
pylon sign(exhibit 1002).
The variance requests are:
(1) Electronic Message Board(ECM)
(2) Chevrolet/Buick Pylon Sign(exhibit 1002)
(1) We are asking a variance to install an EMC sign on the south end of the east property line.
We currently have 3 pylon signs see Exhibit 1001--1003.
EMC sign would allow Stillwater Motors to stay abreast of Modern Technology in the Automotive
Industry and allowing us to promote our business and products. By allowing the EMC sign it would also
minimize the need for temporary signs and banners thus eliminating potential distractions to passing
motorists.
Existing pylon signs along Stillwater Blvd are a branding requirement of our GM Franchise.
Adding EMC to existing GM signs is not an option(this is not allowed by our franchise).
Where are 4 options that(see attached pages)we are looking at,while option#2 meets the Sign
ordinances this becomes a large sign.Option 44 is a very Clean Look and our Preferred Option.
(2) Our Chevrolet/Buick pylon sign.
We are asking for a variance to replace our existing Chevrolet/Buick franchise sign(see exhibit 1002).
It currently stands at 31 feet the replacement would raise it to 40 foot and the sign panels would be
Reused so the,11'-3 W x 11'-3 X' 127 square footage sign would remain the same.
The architecture and visual appearance would remain the same.
Raising the pylon sign would make it more visible from highway 36 and county Road S and the bridge.
Visibility is important part of our Business.
Thank you,
Daniel Raduenz,President Stillwater Motors
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rMPIPINT 16
QAKTF'ONICS
201 Daktronics Dr. PO Box 5128
Brookings, 5D 57006-5128
tel 800-325-7446 605-692-0200
fax 605-652-0381
www.daktronics.corn
November 20, 2014
City of Oak Park Heights
14168 Oak Park Blvd. N.
P.O. Box 2007
Oak Park Heights, MN 55082
Re: Electronic Sign Brightness Information
To Whom It May Concern:
In compliance with the Electronic Sign Illumination standards listed in Section 401.15.G.9.d of the Oak
Park Heights Zoning Ordinance, the following information pertains to the Daktronics electronic sign
proposed for Stillwater Motors located at 5900 Stillwater Blvd. North in Oak Park Heights.
The electronic sign in question comes equipped with automatic dimming technology that automatically
adjusts the display's brightness based on ambient light conditions.The sign in question has the ability
to be set not to exceed 5,000 nits during the daylight hours and 500 nits from sunset to sunrise
measured at the sign face at maximum brightness.
Daktronics, Inc. is the world leader in the design and manufacture of electronic display systems. We
are committed to providing electronic displays that adhere to the regulatory environment, working
closely with our customers for a responsible approach to the market.
Please let me know if you have any questions or concerns.
Sincerely,
DAKTRONICS, INC.
alw(4- I 11ri.
Angela Bailey
Signage Legislation
605-692-0200
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EXHIBIT 1 8
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
AND VARIANCE
FOR
RA.DUENZ DEALERSHIP PROPERTIES LLC
FUe No.: 798.02-05.9 Date Issued:July 26.2405
Legal Description.- (Washington County Geo. Code 06.029.20.12.0004)
See Attached Exhibit "A"
Owner: Raduenz Dealership Properties LLC
Address: 5900 Stillwater Blvd.
Stillwater,MN 55082
Site Address: 5900 Stillwater Blvd.
Oak Park Heights,MN 55082
Present Zoning District: B-3 Highway Business District
Permitted uses set forth in Ordinance 401 Section 401.300
I. CONDITIONAL USE PERMIT: A conditional use permit has been issued to allow for the expansion of
the existing building (57,980 sq ft) and parking lot expansion to replace parking stalls lost to the building
expansion. Also issued is a variance for wall signage
All uses shall be subject to the following conditions and/or restrictions imposed by the July 26, 2005 Resolution of
the City Council of the City of Oak Park Heights as follows:
1. All parking setbacks,curbs and stormwater drainage systems shall be constructed and brought into
compliance with the Zoning Ordinance regulations in accordance with the three and five year phasing
plan as indicated on the approved site plans dated 6/15/05. (Copies on file in city offices)
2. Revisions to the landscape plan showing shade trees along 59h St,the frontage road to Hwy 5, and in
appropriate places around the parking area are approved in concept. Final revisions to the landscape
plan shall be reviewed and approved by the City Arborist.
Page 107 of 142
3, The grading„ drainage, and utility plans shall be subject to the review and approval of the City Engineer
and the Browns Creek Watershed District.
4. Customer, employee, and display parking shall be delineated on the site plan and all customer parking
stalls shall be appropriately signed.
5. Detailed plans and completely labeled building elevations shall be resubmitted to the city to show
all building materials and colors. A materials board shall be submitted for the City Council review.
6. A detailed photometric plan showing lot perimeter and street centerline foot candles compliant to city
code shall be provided. All lighting shall be installed or retrofitted to be in compliance with the lighting
standards of the Zoning Ordinance.
7. An approval of the sign variance allowing a total of ten wall signs and eliminating the two 34 square foot
"showroom"signs as proposed on the building elevations. The applicant shall provide an accurate
rendering of all wall signs for review and approval of the City Council. The City Council approves the
overall number and square footage of allowable wall signage for the project.
8. The applicant shall remove the large pylon sign at the northwest comer of the site and all checkered
banners prior to issuance of a certificate of occupancy for the remodeled building.
9. The materials utilized for the proposed trash enclosure shall be the same materials used on the building.
10. All automobile repair activities shall be limited to within the principal structure and the doors to the
service bays shall be kept closed except when vehicles are being moved in or out of service areas.
11. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall
be internal to the building. The applicant shall provide a site plan indicating the location of the fenced
car storage area and fencing details subject to review and approval of City staff. Any cars under repair
that are to be stored outside of the building shall be parked within said fenced car storage area.
12. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the
Zoning Ordinance.
13. The outdoor paging system shall be replaced with a personal communication system that is non-audible
beyond the property lines.
14. The applicant shall receive and retain, if required,a Hazardous Waste Generators License from
Washington County for the Stillwater Motors operation.
III. Reference Attachment:
The reports of the City Planner dated July 7, 2005 and site plan approved by the City Council are annexed
hereto by reference.
Page 108 of 142
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
0 - AK P HTS
Date: gyC�'L'
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Date: By
ric� on
City trator
Date: - ay
D.J.Rad
CEO,Rabdenz Dealers ' perties LLC
Page 109 of 142
EXHIBIT "A'`
LEGAL DESCRIPTION
Page 110 of 142
Exhibit A
Washington County GEO Code: 05.029.20.12.0004 &0014
Legal Description: Lot 1, Block 1, Kern Center
Physical Address: 5900 Stillwater Blvd.N.
Page 111 of 142
EXHIBIT "B"
PLANNERS REPORT AND SITE PLANS
Page 112 of 142
ru
r' ENCLOSURE 7"3
NORTH-WEST ASSOCIATED CONSULTANTS , INC.
46..70 Olson Memorial HighwaY, Suite 202, Golden. Valley, MN 55422
Telephone: 7e3.231.2555 Facsimile: 7W.2S1.2561 plinnera@haoplanning.00m
MEMORANDUM
TO: Eric Johnson
FROM: . Cassle Schumacher-Georgopoulos 1 Scott Richards
DATE: July 07, 2005
RE: Oak Park Heights—Stillwater Motors; CUB', Sign Variance
and Design Guidelines Review
FILE NO: 798.02—.05.06
BACKGROUND
Mr. Daniel Raduenz of Stillwater Motors has applied for a Conditional Use Permit (CUP)
to allow for the expansion of Stillwater Motors current building and.parking lot. The
plans submitted show a 57,980 square feet building expansion to allow for a larger
service area, new show floor and some remodeling work. Stillwater Motors will also
expand their current parking lots to replace stalls lost to the building expansion.
The location of the site is at 5900 Stillwater Blvd. The current lot is 600,000 square feet
with the current building at 35,000 square feet. The proposal will add 47,708 square
feet to the current building. There will be 170 new stalls added to the remaining 575
parking stalls for a total of 745 stalls.
The site is in a B-3, Highway Business District and will require a CUP for the expansion
of an open and outdoor sales area, a variance for wall signage, and a Design
Guidelines review.
Attached for reference:
Exhibit 1 Site Plan and Trash Enclosure Details
Exhibit 2 Building Floor Plans
Exhibit 3 Building Elevations
Exhibit 4 Landscape Plan and Photometric Plan
Exhibit 5 Existing Conditions and Demo Plan
Exhibit 6 Grading and Erosion Control Plan
Page 113 of 142
Exhibit 7 Utility Plan
Exhibit 8 Layout Plan
Exhibit 9 Freestanding Sign Dimensions
ISSUE ANALYSIS
Comprehensive Plan. The proposed development is consistent with the City's
Comprehensive Plan. According to the Existing Land Use Map, the site is bordered on
all sides by compatible uses. In addition, the City's Proposed Land Use Map guides this
site as a Highway Commercial use, as well as the property surrounding the site.
Zoning. The property is zoned B-3, Highway Commercial District. Retail sales are a
permitted use in this district; however, open and outdoor sales are only allowed in
Section 401.31.E under a Conditional Use Permit. A review of the specific conditions
for a CUP will follow later in the report.
CUP Request. The applicant has applied for a conditional use permit to allow for open
and outdoor display and sale of vehicles. The site plan illustrates 57,980 square feet of
new floor area and 170 new parking stalls.
Lot Performance Standards. The following table compares the required and proposed
dimensions and setbacks for the Stillwater Motors site in the B-3 District. The
dimensions of the proposed are compliant with the dimensions required by the district.
Area Lot Width Setback
Front S Side Side E Rear N
Re uired 15,000 100 40 10 20 20
Proposed 690,892 638 530 366 110 70
Parking stalls and aisles conform to the size requirements set by the Ordinance.
Parking stalls shall be marked with white or yellow painted lines not less than four(4)
inches wide.
Currently the north and west parking lots of Stillwater Motors do not comply with the
required ten (10)foot setback. The applicants have illustrated and proposed to bring
these lots into compliance through a five (5)year phasing plan. The north lot is
proposed to be brought into compliance during Phase 2 (within three years), and the
west lot is proposed to be brought into compliance in Phase 3 (within five years). The
Planning Commission and City Council must determine if they would like to have the
lots brought into compliance now or if the phasing plan will suffice.
Grading, Drainage, and Utility. Grading, drainage, and utility plans have been
submitted and are subject to review by the City Engineer and Brown's Creek Watershed
District. Stormwater is direct into a drainage ditch along 58th St, which drains into the
pond at the southern end of Kern Center, The pond on the northwest corner of the site
will receive water from northwest areas of the site.
2
Page 114 of 142
Section 401.15.F.4.h.17, states that all open, off-street parking shall have a continuous
concrete perimeter curb barrier around the entire lot. The applicant's proposal shows
detail of a surmountable concrete curb; however, the site plans do not show the curb to
be continuous. With the new construction the Planning Commission and City Council
shall decide if the site should be brought into compliance or if the phasing plan for
setbacks and curbing shall be followed.
Landscaping. City Arborist Kathy Widin has reviewed the revised landscape plan and
has the following comments:
°The project will add 120 shrubs and 15 flowering crabapples to the site as well
as keep some existing landscaping on the W side of the entrance road from 58th
St. Planters for annual flowers will be added in front of the building. The plant
species to be used are attractive, relatively free of serious insect or disease
problems and will require minimal maintenance.
After also reviewing the landscaping put in around the expansion projects for
Stillwater Ford and Routson Motors and visiting those sites, I would like to see a
few shade trees added to the property, perhaps along 58�h St. or the frontage
road to Hwy-5. This would depend upon the available planting space which is
outside the boulevard right-of-way for either road."
To comply with the request made by the City Arborist, the landscape plan shall include
shade trees along 58th St and the frontage road to Hwy 5. Shade trees shall also be
planted around the parking areas to reduce the heat island effects of the impervious
pavement.
Parking. The City's Zoning Ordinance does not have parking standards related to open
and outdoor sales of car, trucks or vans. In replacement of the standard, evaluation of
number of parking stalls will be based on the requirements for outdoor boat sales. Boat
sales require one (1) space for each 400 square feet of floor area for the first 25,000
square feet, plus one space for each 600 square feet thereafter. The total floor space
for the existing building plus the new addition is 88,173; after subtracting ten percent,
the calculable area is 79,356. To calculate the total number of stalls needed the first
25,000 square feet are divided by 400 (25,000/400=62.5 stalls) and the remaining
54,356 square feet are divided by 600 (543561600=90.5 stalls); therefore, a minimum of
153 parking stalls will need to occur on site. The site plan is proposing a total of 745
parking stall, which exceeds the require number of stalls.
A revised site plan will need to delineate where employee parking, customer parking,
and display parking will occur.
Building Height and Design Guidelines. The building heights meet the maximum
requirements of the Zoning Ordinance. The proposed building at its highest point is 35
feet, which is the maximum height allowed by the Ordinance. Exterior building materials
should be described in more detail and labeled completely on the elevations. Labels
and descriptions are missing from windows and several building materials. A brief
3
Page 115 of 142
description of some exterior building materials have been given and appear to meet the
requirements set forth by the Ordinance. However, there Is no specific material
description other than precast wall panel, pre-finished metal paneling, and masonry.
Building materials and colors shall be specked in detailed and labeled completely. A
building materials board shall be provided for the Planning Commission and City
Council review.
Windows for the showroom appear to be on the south and east sides of the buildings.
Pre-finished metal paneling and masonry will cover the building fagade of the
showroom. The service area and body shop fagades will be faced in a precast wall
panel and a two other unspecified materials. Materials shall be specified and color
elevations shall be made available to the Planning Commission and City Council for
approval.
Lighting Plan. A further detailed photometric plan shall be submitted to show foot
candies across the entire property and to the centerlines of the adjacent roads. The
Zoning Ordinance states that outdoor lighting shall not exceed one foot candle
measured from the centerline of a public street, nor shall light exceed four-tenths (0.4)
of a foot candle at any property line adjoining an adjacent property. Light levels on the
submitted plan look to exceed the maximum along the property lines to the north and
the east; therefore, revisions to the proposed lighting scheme and a detailed
photometric plan will need to be resubmitted for review.
New lighting is proposed for the parking area as well as the building. The parking area
is proposed to have fixtures 23 feet in height (a maximum of 25 feet is set by the
Ordinance)with 1, 2, or 4 head fixtures ranging in number of watts per head. All fixtures
are 90 degree cutoff, which is compliant with the Ordinance. The table below describes
the number of fixtures, their location and number of watts (including the building
fixtures):
Location Number of Number of Number of Heads Watts per
Existing Fixtures New Fixtures Head
Northwest 6 fixtures 1 fixture 2 heads per fixture 100OW
1 fixture 1 fixture 4 heads per fixture 40OW
1 fixture 2 heads per fixture 400W
Northwest 12 fixtures 4 fixtures 2 heads per fixture 1000W
1 fixture 2 heads per fixture 250W
2 fixtures 1 head per fixture 25OW
Southwest 3 fixtures 4 heads per fixture 400W
2 fixtures 2 heads er fixture 40OW
Southeast 5 fixtures 4 heads per fixture 40OW
9 fixtures 2 heads per fixture 40OW
On-Building 31 fixtures 1 wall mount 25OW
All fixtures are compliant with the Zoning Ordinance; however, a detailed photometric
plan will need to be submitted to show illumination over the entire property.
4
Page 116 of 142
Signage. Twelve (12) building signs are being proposed on all faces of the building.
The proposed wall signs range in sine from 175 square feet to 21 square feet. The size
and location of each building sign is described in the following table:
Location Sin Size Area
North Stillwater Motors 25' x 7' 175 square feet
Buick 31'-6" x 3' 94.5 square feet
Chevrolet 23'-3" x 4' . 93 square feet
.lee 12'-3" x 4'-9" 58.2 square feet
Iota! Si n Area 420.7 square feet
West Service 10'-8"X 2' 21.3 square feet
Body Shop 15'-8" x 2' 31.3 s uare feet
Total Sign Area 52.3 s uaro feet
South Body Shop 15'-8" x 2' 313 square feet
Delivery 12'-6" x 2' 25 square feet
Showroom 17' x 2' 34 s uare feet
Total Sign Area 70.3 square feet
East Showroom 17' x 2' 34 square feet
Service 10'-8" X 2' 21.3 square feet
Total Sign Area 55.3 square feet
Southeast Stillwater Motors 15'-8" x 5' 78.4 square feet
Orrerall Sl n Area 1 598.6 s uare feet
The Zoning Ordinance allows two walls signs, with each sign placed on a separate
building facade. Allowable sign area is 18% of front building facade up to 500 square
feet. The proposed signs on the building are exceeding both the number and area
allowed in the Ordinance. Therefore, the applicant has applied for a sign variance to
allow all proposed signs to occur as drawn. Section 401.15.G.16 reviews the following
conditions to allow for a sign variance:
1. The particular physical surrounding, shape, or topographical conditions of
the specific parcel of land involved exist.
The parcel is and will remain an auto dealership.
2. That the condition involved is unique to the particular parcel of land
involved.
The signs requiring the variance are specific only to an auto dealer to
easily direct customer traffic around the building and free up congestion
on site.
3. That the purpose of the variation is not based exclusively upon a desire to
increase the value of income potential of the business involved.
5
Page 117 of 142
The purpose of the signs is to advertise the business, but the majority of
the signs are directional to show where cars needing to be serviced can
circulate and where delivery traffic should be directed.
4. That the alleged difficulty or hardship is caused by this Ordinance and has
not been created by any persons presently having an interest in the
parcel.
The current use of the parcel will not change; however, with the expansion
into a larger facility more directional signs will be need to ensure
movement can happen on site without injury to others.
b. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood.
The.signs are for the sole use of the property, since they are attached to a
building set back a large distance from residential roads they should in no
way be detrimental to the surrounding areas.
6. That the proposed variation will not impair an adequate supply of light and
air to adjacent property, or substantially increase the congestion of the
public streets or interfere with the function of the Police and Fire
Departments of the City.
The signs will be attached flush against the building approximately 20 feet
off the ground; therefore,they should not interfere with any ground
movement nor impair supply of light or air from other properties.
The Planning Commission and City Council shall review the conditions and determine if
the number of signs and overall square footage is appropriate.
Three onsite freestanding signs are exempt from review and will be allowed as is.
However, the large sign at the northwest comer of the property visible from Hwy 36
shall be removed, along with the checkered banners placed in various locations on site.
These two displays are in violation of permitted signage in the Highway Business
District. The American Flags are allowed on site, and may remain.
Trash. A trash enclosure is proposed for the west side of the property. A plan and
elevation drawing have been submitted with the site plan. The applicant will need to
specify the materials proposed for the trash enclosure to ensure they are consistent with
those for the building.
CUP Review Criteria
The Conditional Use Permit criteria for open and outdoor sale of vehicles are listed
below with a review of each:
6
Page 118 of 142
1. Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or abutting residential districts.
A revised landscape plan including shade trees shall be submitted. There
are no neighboring residential uses or abutting residential districts to be
considered in this area.
2. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
A revised photometric plan shall be submitted to ensure that foot candies
do not exceed the requirements set forth by the ordinance. Proposed light
fixtures are hooded at 90 degrees.
3. Areas are asphalt or concrete surfaced.
Submitted plans show area to be asphalt with concrete curb around part of
the parking area, and has been proposed to be constructed in phases.
Planning Commission and City Council will need to determine if the area
should be constructed at once or is agreeable to the new parking areas to
be constructed in phases.
4. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the City's
ability to provide utility, police, fire, administrative or other services to the site.
The use will not exceed the City's ability to provide services.
5. The provisions of Section 401.03.A.7 of the Ordinance are considered and
satisfactorily met.
The proposed use follows the current use of the site;therefore, is an
appropriate use provided that conditions of approval are met.
CONCLUSION AND RECOMMENDATION
The proposed expansion of Stillwater Motors is an appropriate use and is allowed under
a CUP in the B-3 District. Staff recommends approval of the CUP of the expansion as
long as the following conditions are met:
1. A decision shall be made by the Planning Commission and City Council as to
whether they would like to have all parking and curbs and an updated stormwater
system constructed and brought into compliance at the beginning of
construction, or if the proposed phasing plan will suffice.
2. Revisions to the landscape plan showing shade trees along 59t St, the frontage
road to Hwy 5, and in appropriate places around the parking area. Revision to
the landscape plan shall be reviewed by the City Arborist.
7
Page 119 of 142
3. The grading, drainage, and utility plans shall be reviewed and approved by the
City Engineer.
4. Customer, employee, and display parking shall be delineated on the site plan.
5. Detailed and completely labeled building elevations shall be resubmitted to show
all building materials and colors. A materials board shall be submitted for the
Planning Commission and City Council review.
6. A detailed photometric plan showing lot perimeter and street centerline foot
candles shall be provided.
T. An approval of the sign variance specifying if any of the proposed signs shall be
removed; along with the agreement by the applicant to remove the large sign at
the northwest corner and the checkered banners.
8. Description of materials for the propose trash enclosure to ensure they are the
same as materials use on the building.
9. All automobile repair activities shall be 'limited to within the principal structure and
the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of service areas.
10. There shall be nor exterior storage'of automobile parts, parked cars, or related
items on the site. All storage shall be internal to the building. Any cars to be
stored outside of the building shall be in full working order.
11. All noise created from operations on the site shall be in conformance with
Section 401.15.8.11 of the Zoning Ordinance.
12. The applicant shall receive and retain, of required, a Hazardous Waste
Generators License from Washington County for the Stillwater Motors operation.
8
Page 120 of 142
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A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY RADUENZ DEALERSHIP PROPERTIES LLC FOR
SIGN VARIANCES AT THE STILLWATER MOTORS
DEALERSHIP AT 5900 STILLWATER BOULEVARD NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Raduenz
Dealership Properties LLC for sign variances at the Stillwater Motors Dealership at 5900
Stillwater Boulevard North; and after having conducted a public hearing relative thereto,
the Planning Commission of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE A'T'TACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-3 Highway Business and Warehouse District in
which automobile dealerships are a listed conditional use permit; and
4. The applicants have requested sign variances to allow an additional pylon
sign (four total), to allow for a 40 foot sign where a 30 foot sign is allowed, to increase
the allowable overall sign square footage to 760 square feet for the site, and to allow for a
changeable copy sign (Option 4) that will not meet the allowable requirements; and
5. The applicant has requested that Option 4 be considered for the additional
freestanding sign and that the changeable copy portion of this sign be allowed to exceed
the 3 5 percent requirement; and
Page 130 of 142
6. City staff prepared a planning report dated December 4, 2014 reviewing
the request; and
7. Said report recommended approval of the variance requests subject to the
fulfillment of conditions; and
8. The Planning Commission held a public hearing at their December 11,
2014 meeting, took comments from the applicants and public, and recommended
approval of the application subject to conditions:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Raduenz Dealership Properties LLC for sign
variances at the Stillwater Motors Dealership at 5900 Stillwater Boulevard North should
be approved and affecting the real property as follows:
SEE ATTACHMENT A
The Planning Commission recommends to the City Council of the City of Oak Park
Heights approval of the sign variances subject to the following findings of fact:
I. The variance criteria in Section 401.04 of the Zoning Ordinance have been
reviewed and it has been determined by the Planning Commission and
City Council the additional signage and type of signage is justified.
2. Due to the location of this business and the site will have Iimited visibility
from Highway 36, allowing a 30 foot sign could cause an undue hardship
for the business and the ability of the customers to locate the building.
3. The additional sign height will ensure visibility and identification of the
business from both east and west bound traffic on Highway 36.
4. The additional changeable copy sign shall reduce the requests for
temporary signage at this site.
The approvals are subject to the following conditions recommended by the Planning
Commission:
1. All conditions of the Conditional Use Permit and Variance for Raduenz
Dealership Properties LLC approved July 26, 2005 shall remain in effect.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City Planner at the time of permitting.
2
Page 131 of 142
3. The landscape plan for the area around the new sign shall be subject to
review and approval of the City Arborist.
Recommended by the Planning Commission of the City of Oak Park Heights this
11th day of December, 2014.
Jim Kremer, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 132 of 142
Attachment A
Washington County GEO Code: 06.029.20.12.0021 & 06.029.20.12.0022
Legal Description: Lot 1, Block 1, Kern Center
Physical Address: 5900 Stillwater Blvd. N.
Page 133 of 142
ATTACHMENT B
VARIANCE
Stillwater Motors
5900 Stillwater Blvd. N.
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets/20 11 X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing & Recommendation: December 11, 2014
Variance — Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance shall become null and void twelve (12) months after
the date of approval, unless the property owner or applicant has substantially started
the construction of any building structure, addition or alteration, or use requested as part
of this variance. The property owner shall have the right to submit an application to
extend the approval of a variance to the Zoning Administrator not less than thirty (30)
days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)
Page 134 of 142
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY RADUENZ DEALERSHIP PROPERTIES LLC FOR
SIGN VARIANCES AT THE STILLWATER MOTORS
DEALERSHIP AT 5900 STILLWATER BOULEVARD NORTH BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Raduenz
Dealership Properties LLC for sign variances at the Stillwater Motors Dealership at 5900
Stillwater Boulevard North; and after having conducted a public hearing relative thereto,
the Planning Commission of Oak Park Heights recommended the request with conditions.
The City Council of the City of Oak Park Heights makes the following findings of fact
and resolution:
I. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-3 Highway Business and Warehouse District in
which automobile dealerships are a listed conditional use permit; and
4. The applicants have requested sign variances to allow an additional pylon
sign (four total), to allow for a 40 foot sign where a 30 foot sign is allowed, to increase
the allowable overall sign square footage to 760 square feet for the site, and to allow for a
changeable copy sign (Option 4) that will not meet the allowable requirements; and
5. The applicant has requested that Option 4 be considered for the additional
freestanding sign and that the changeable copy portion of this sign be allowed to exceed
the 3 5 percent requirement; and
Page 135 of 142
6. City staff prepared a planning report dated December 4, 2014 reviewing
the request; and
7. Said report recommended approval of the variance requests subject to the
fulfillment of conditions; and
8. The Planning Commission held a public hearing at their December 11,
2014 meeting, took comments from the applicants and public, closed the public hearing,
and recommended approval of the application subject to conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Raduenz Dealership Properties LLC for sign
variances at the Stillwater Motors Dealership at 5900 Stillwater Boulevard North should
be approved and affecting the real property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approval of the sign variances shall be
subject to the following findings of fact:
1. The variance criteria in Section 401.04 of the Zoning Ordinance have been
reviewed and it has been detennined by the Planning Commission and
City Council the additional signage and type of signage is justified.
2. Due to the location of this business and the site will have limited visibility
from Highway 36, allowing a 30 foot sign could cause an undue hardship
for the business and the ability of the customers to locate the building.
3. The additional sign height will ensure visibility and identification of the
business from both east and west bound traffic on Highway 36.
4. The additional changeable copy sign shall reduce the requests for
temporary signage at this site.
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. All conditions of the Conditional Use Permit and Variance for Raduenz
Dealership Properties LLC approved July 26, 2005 shall remain in effect.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City Planner at the time of permitting.
2
Page 136 of 142
3. The landscape plan for the area around the new sign shall be subject to
review and approval of the City Arborist.
Approved by the City Council of the City of Oak Park Heights this 13"' day of
January, 2015.
Mary MCColnber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
3
Page 137 of 142
Attachment A
Washington County GEO Code: 06.029.20.12.0021 & 06.029.20.12.0022
Legal Description: Lot 1, Block 1, Kern Center
Physical Address: 5900 Stillwater Blvd. N.
Page 138 of 142
ATTACHMENT B
VARIANCE
Stillwater Motors
5900 Stillwater Blvd. N.
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets/20 11 X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing & Recommendation: December 11, 2014
Variance -- Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance shall become null and void twelve (12) months after
the date of approval, unless the property owner or applicant has substantially started
the construction of any building structure, addition or alteration, or use requested as part
of this variance. The property owner shall have the right to submit an application to
extend the approval of a variance to the Zoning Administrator not less than thirty (30)
days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)
Page 139 of 142
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Page 140 of 142
Oak Park Heights
Request for Council Action
Meeting Date January 13. 2015
Time Required: 1 Minutes
Agenda Item Title: 2015 City Council Meeting Dates —Designating 1218115 as a tentative TNT
Hearina Date
Agenda Placement New Business
Originating Department/Requestor Betty Caruso, Finance Director
Requester's Signature
Action Requested Proposed Schedule-Designating 12/8/15 as preliminary proposed TNT bearing
date for 2016 Budget
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Based on the calendar of council meetings for 2015, there is one possible date for the TNT hearing,
December 8, 2015.
This designation assists in scheduling of council and staff for attendance to these meetings as they
make plans for 2015.
Page 141 of 142
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Page 142 of 142