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HomeMy WebLinkAbout05-26-15 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, MAY 269 2015 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. IL 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. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:15 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—April 28, 2015 (pg. 7) C. Approve City Council Minutes—April 28, 2015 (pg. 9) D. Approve License for Sale and Storage of Fireworks for Wal-Mart 91861 (pg. 17) E. Approve Resolution Offering City Position on the Proposed Transfer of TH 5 from the State of MN to Washington County (pg. 19) F. Approve up to $3,500.00 for Trail Installations at Oak Park Crossing Park (pg. 43) G. Approve up to $300.00 for Purchase of Former City Hall Bell (pg. 47) H. Provide LMC Board of Directors Endorsement—2nd Vice President for Mayor McComber(pg. 49) I. Adopt Resolution—Minimal Impact Design Standards (pg. 51) J. Approve Fiscal Year 2015 —2016 Budgets for Central St. Croix Valley Joint Cable Commission and Valley Access Channels (pg. 55) K. Refund of Fees to Hostelling International USA—Related to the Minnesota Ironman Bike Ride Event (pg. 61) L. Approve 2015 Fireworks Funding (pg. 63) M. Approve Revised Public Hearing Date for Oak Park Heights Senior Living— Phase IV Planned Unit Development Bond Issuance Assistance (pg. 65) N. Approve Budget Adjustment—Public Works Request(pg. 69) 7:20 p.m. V. Public Hearings None 7:20 p.m. VI. Old Business A. St. Croix River Crossing Project Update (no enclosure) B. Street Reconstruction Update (no enclosure) C. Adopt Resolution Relating to and Approving the Three Party Agrgjp�iggqn the Agenda May 26,2015 Page 2 North Frontage Roadway (pg. 71) 7:30 p.m. VII. New Business A. Tobacco Compliance Violation - Walgreens (pg. 85) 7:35 p.m. VIII. Other Council Items or Announcements 7:35 p.m. IX. Closed Session (closed pursuant to Minn. Stat. 595.02 and 13D. 01 et seq) 7:50 p.m. X. Adjournment Page 2 of 86 -I %I krA Oak Park Heights Request for Council Action Meeting Date May 26, 2015 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature J 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 86 r f a rta* City o1 Oak Park Hei hts 14168 Oak Park Blvd. N.Box 2007•Oak Park Heights.MN 55082•Phone(651)4394439•Fax(651)439-0574 May 14, 2015 Sharon Haynes 5648 Osgood Avenue North Oak Park Heights, MN 55082 Dear Ms. Haynes: 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, May 14, 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. Congratulations! Jennifer Pinski Deputy Clerk TREE CITY U.S.A. w City Of Oak Park Heights 14958 Oak Park Blvd N.Box 2007.Oak Park Heights,MN 55082.Phone(651)439-4439.Fax(651)439-0574 May 20, 2015 Doug and Melissa Wilson 5519 Oakgreen Place North Oak Park Heights, MN 55082 Dear Mrs. and Mrs. Wilson: 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, May 14, 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. Congratulations! '1 Jennifer Pinski Deputy Clerk TREE CITY U.S.A. THIS PAGE IS INTENTIONALLY LEFT BLANK Page 6 of 86 P ' Oak Park Heights Request for Council diction Meeting Date May 26, 2 015 Agenda Item Approve City Council Worksession Notes ---April 28, 2015 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 7 of 86 0 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES MONDAY,APRIL 28, 2015 AT 6:30 P.M. Present: Mayor McComber, Councilmember Swenson, Councilmember Dougherty, Councilmclubcl- Liljegren, Councilmember Runk, City Administrator Johnson, City Attorney Pratt,Public Works Director Kegley, Police Chief DeRosier, Finance Director Caruso, and Deputy Clerk Pinski. Also present: Dave Mol and Nik Mol of Tautges Redpath. 1. Call to Order: Mayor McComber called the meeting to order at 6:30 p.m. 2. Auditor's Report—Dave Mal: Auditor Dave Mol reviewed a PowerPoint presentation which was going to be presented at the April 28 City Council Meeting. No action taken. 3. Oak Park Crossing Park: Councilmember Runk stated he could not support the concept of the park improvements because it would be very expensive and did not fulfill a need. He remarked that the splash pad served one to teu-year-olds, and that was the smallest demographic in the City. He also noted Oak Park Crossing Park was not a neighborhood park, and there was no need for additional ice rinks as the current ice rinks were not overused in the City. Mayor McComber stated the Parks Commission was holding a worksession prior to their next meeting to discuss the park. Councilmember Swenson stated he did not want the improvements to move forward until the bridge project was complete, and he did agree it was not the best spot for a splash pad but it could not be afforded anywhere else. He also suggested the splash pad could attract more trouble and was not in favor of it. Swenson suggested the Parks Department drive by and take snapshots of use in the park. Police Chief DeRosier stated they could install the police camera to take snapshots. Councilmember Dougherty stated he spoke with several people who want the park to be left natural with some lookouts. Mayor McComber stated she spoke with several people who want the splash pad. No action taken. 4. Set Teambuilding Session Date: No discussion on this item. 5. Adjourn: The meeting was adjourned at 7:00 p.m. Page 8 of 86 w Oak Park Heights Request for Council Action. Meeting Date May 26, 2015 Agenda Item Approve City Council Minutes April 28, 2015 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 9 of 86 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 28, 2015 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of__Allec�ianee/Approval of Agenda: 'Mayor McComber called the meeting to order at 7:06 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Pratt, Police Chief DeRosier, Public Works Director Kegley, Finance Director Caruso, City Planner Richards, and City Engineer Mlejnek. Absent: None. Mayor McComber added "Authorize Placement of Soda Vending Machines at Certain City Parks" as Consent Agenda Item J. Councilmember Swenson, seconded by Councilmember Runk, moved to approve the Agenda as amended. Carried 5-0. Il. CounciFStaff Reports: A. Mayor McComber: She reported she attended the Minnesota Mayor's Conference and would be attending the National League of Cities WIMG Conference. She also reported the Parks Commission's next meeting was May 18 with a worksession at 6:00 p.m. and the regular meeting at 7:00 p.m., there was a PowerUp for Kids presentation set for May 13 at the Public Works Garage, the Fury Motors Grand Opening was set for May 6, the St. Croix Prayer Breakfast was set for May 7, the Law Enforcement Memorial Ceremony was set for May 15, and Spring Clean-up was set for May 2. B. Councilmember Dougherty: No report. C. Councilmember Liljegren: No report. D. Councilmember Runk: No report. E. Councilmember Swenson: He reported that City Administrator Johnson sent an update on the Comeast—Time Warner merger. He said the merger was no longer going to happen. F. Staff: Deputy Clerk Pinski reported that Mark and Diana Pohl of 13990 56U' Street North were chosen as the recycling award winners. 1<II. Visitors/Public Comment: A. 2014 — City Annual Financial Statement— Review by Auditor David Mol: Mol shored a PowerPoint presentation and noted no iterns of non- Page 10 of 86 City Council Meeting Minutes April 28, 2015 Page 2 of 6 compliance, no items of internal control, and a clean opinion on the 2014 financial statements. B. Presentation by the Youth Service Bureau—Executive Director—Ma Planten-Krell: Planten-Krell outlined the services provided by the Youth Service Bureau and thanked the City of Oak Park Heights for its support. IV. Consent A enda: A. Approve Bills & Investments B. Approve City Council Worksession Notes—April 7, 2015. C. Approve City Council Minutes—April 7, 2015 D. Approve City Council Worksession Notes—April 20, 2015 E. Appoint Robin Anthony and Jennifer Bye to Planning Commission for Recommended Terms F. Consider Position Resolution on SF 1656 (Skoe) G. Authorize Addition of Service Entrance to Trail Leading to Well House 2 H. Authorize Staff to Contract with St. Croix SavATree to Remove Risk Trees I. Authorize Staff to Purchase an Underground Utility Line Locator J. Authorize Placement of Soda Vending Machines at Certain City Parks Councilmember Runk, seconded by Councilznember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. IV. Public Hea�-in�s: A. Hold_Assessinent Hearing—2015 Street and Utility Iinprovements: City Engineer Mlejnek and Finance Director- Caruso showed PowerPoint presentations. Mayor McComber opened the Public Hearing. Robert Innis of 15191 64'x' Street North stated he was on a fixed income, and the assessment was a hardship on his family. He was also concerned about the City widening his street. Mayor McComber informed him that they would not be widening the streets. Larry McGee of 15082 62nd Street North asked whether the assessment would be placed on property taxes. Mayor McComber stated it would be, but it could also be paid up front. Craig Thoreson of 111 East Orleans Street, St. Peter's United Church of Christ, stated they objected to the reconstruction of Osman Avenue because of the hardship to the church. He stated the reconstruction would not benefit the church directly. He read a letter to the City Council. Mayor McComber informed him that the letter was received into record. Page 11 of 86 City Council Meeting Minutes April 28, 2015 Page 3 of 6 Morey Senerson of 6061 Paris Avenue, St. Croix Villas Association, wanted the assessments separated and placed on individual condo owners' properties. Finance Director Caruso informed him that each property owner must sign a petition for that. Hugh Burhans of 6286 Lookout Trail stated he had a driveway to the back of his property off of an impacted street. He stated he was willing to close that driveway. Mayor McComber suggested he communicate with Finance Director Caruso and City Engineer Mlejnek. Marc Palmer of 6438 Osman Avenue questioned what the alternate to the bid meant. Mayer McComber responded that part of Osman Avenue was in Stillwater, and Stillwater was planning on putting off their project until possibly the following year. She stated the City was discussing doing just the City's portion of the road. Councilmcmber Runk stated they were putting it in the City's bid as an add-on to get it done for less cost. Corine Crea of 6450 Osman Avenue questioned if the City redid the road, could Stillwater come tear it up. Councilmember Runk stated they would have to restore it to the same quality. Crea was concerned that the City of Stillwater would assess the property owners if that happened. City Administrator Johnson responded that they cannot do that. Crea also asked how she would work out a concrete driveway. Mayor McComber stated she would work that out with the contractor. City Administrator Johnson stated any upcharge from asphalt to concrete would be billed to the property owner by the contractor. City Attorney Pratt stated the City received a letter from Salem Lutheran Church which was received into record. Nancy Swanson, Pastor at St. Peter's United Church of Christ, asked if the church would receive a response to their letter in writing. City Attorney Pratt informed her that if the City Council adopted the Assessment Resolution, they had 30 days to appeal it to the District Court. Councilmember Swenson, seconded by Councilmember Liljegren, moved to close the Public Hearing. Carried 5-0. VI. Old Business: A. St. Croix River Crossing Project Update: Mayor McComber reported that press releases have gone out from MN DOT. City Administrator Johnson stated they were still working on punch-list items. No action was taken. B. Street Reconstruction Update: Mayor McComber reported that punch list items were being worked on. No action was taken. Page 12 of 86 City Council Meeting Minutes April 28, 2015 Page 4 of 6 C. Resolution Adopting Special Assessments —2015 Street and Utili.t Improvements: Councilmember Runk, seconded by Councilmember Swenson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. D. Consider Award of?015 Street Construction and Utility Contract: Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Engineer's recommendation. Carried 5-0. E. Consider the Initiation of SigLiage Stud — STH 36 Corridor: Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the initiation of the signage study. Carried 5-0. F. Signage Options—STH 36 Corridor: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution approving the change to the temporary signage ordnance through December 31, 2015. Carried 5-0. G. City Finance Department Employ: Attorney Mike McCain reported that he �,Nrote a letter to the employee's counsel for a graduated return to work. He stated he received a response disputing the return to the new position and requesting a meeting with certain councilmembers and staff: McCain stated it was denied because it was not appropriate. He provided the City Council with options. Councilmember Swenson, seconded by Councilmember Liljcgren, moved to discontinue employment. Carried 5-0. VIL New Business: A. Oak Park Heights Senjor Living—Phase IV Planned Unit Development and Bond Issuance Assistance: City Planner Richards reviewed his planning report which was included in the meeting packet. City Administrator Johnson reviewed a memo on a finance request. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Resolution for the bond issuance. Roll call vote taken. Carried 5-0. Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution for PUD. Roll call vote taken. Carried 5-0. B. Oak Ridge Memory Care and Assisted Living—6060 Oxboro Ave— Variance for Setbacks and Building Height: City Planner Richards reviewed his planning report which was included in the meeting packet. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. Page 13 of 86 City Council Meeting Minutes April 28, 2015 Page 5 of 6 C. Metropolitan Council —Upgrades at the Wastewater Treatment Plant— 6163 St. Croix Trail N. —Conditional Use Permit: City Planner Richards reviewed his planning report which was included in the meeting packet. Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Resolution for CUP. Roll call vote taken. Carried 5-0. D. Use of Escrowed Funds to Canopy Demolition at 14738 600' Street: Councilmember Dougherty, seconded by Councilmember Swenson, moved to approve the use of the escrowed funds for the canopy demolition. Carried 5-0. E. Consider Change to Planning Commission By-Laws--Meeting Date: Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the change to the By-Laws on the meeting date. Roll call vote taken. Carried 5-0. F. Spring Antenna—4G Modifications Tower#2 —Settlement of Penalties: Councifinember Dougherty, seconded by Councilmember Swenson, moved to authorize the City to negotiate a penalty of$10,000. Car7-ied 5- 0. G. Consider Closed Session — Pursuant to MN STAT. 13D.05 Sub. 3(b): Councilmember Swenson, seconded by Councilmember Dougherty, moved to have a closed session at the end of the meeting. Carried 5-0. H. Authorize_ Temporary Public Works Position Hire: Councilmember Runk, seconded by Councilmember Swenson, moved to authorize the offer of the position to Mike Coleman. Carried 5-0. I. 2014 Street Reconstruction_— Liquidated Damages Amounts: Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the recommendation of the City Engineer. Carried 5-0. J. Approve Pay Request#8 --Hardrives — in the Amount of$178,804.86: Councilmember Runk:, seconded by Councilmember Swenson,moved to approve the pay request. Carried 5-0. VIII. Other Council Items or Announcements: Councilmember Swenson, seconded by Councilmember Liljegren, moved to set a teambuilding session for June 9, 2015 at 5:00 p.m. Carried 5-0. IX. Closed Session Page 14 of 86 City Council Meeting Minutes April 28, 2015 Page 6 of 6 The City Council adjourned into a closed session regarding matters of potential litigation versus MNDOT regarding billing matters. Discussion took place. No formal action taken. X. Adjournment Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn the meeting at 9:45 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 15 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 86 Oak Park Heights Request for Council Action Meeting Date May 26, 2015 Agenda Item Approve License for Sale and Storage of Fireworks for Wal-Mart #1861 Time Req. 0 Agenda Placement Consent Originating Department/Requester Ad ministration/Jennifer Pinski s Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). An application was received for a license to sell and store fireworks at the Walmart #1861 Store located at 5815 Norell Avenue North in Oak Park Heights. The fee has been paid. I am requesting approval of the application pending a clean background check by the Police Department. Page 17 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 18 of 86 r t• Oak Park Heights Request for Council Action Meeting Date May 26�`, 2015 Time Required: 1 Minute Agenda Item Tidc;----C qnsidgr Approval h H 5 ransfer to the State of MN to W hin on County. Agenda Placement ConsentAa da Originating Department/Requ for u4jLz. City Administrator Requester's Signature Action Requested Approve Resolution -Offering—City Position on the Proposed Transfer of TH 5 from the State,/of MN to Washington County. Background/Justification(Please i dicaYe if any previous action has been taken or if other public bodies have advised): i Please see the enclosed Staff Memo and its related Resolution. Page 19 of 86 RESOLUTION A RESOLUTION RELATING TO THE PROPOSED TRANSFER OF JURISDICTION OF T.H.5 FROM THE STATE OF MINNESOTA TO WASHINGTON COUNTY WHEREAS,Trunk Highway 5 (TH 5) is an east west arterial roadway,traversing Washington County (County), between TH 120(Century Avenue)and TH 36(60t'Street North)and under the jurisdiction of the Minnesota Department of Transportation(MnDOT),and WHEREAS, MaDOT has determined the best jurisdiction for Trunk Highway 5 is as a County State Aid Highway,and WHEREAS,the 2010 Washington County Comprehensive Plan identified Trunk Highway 5 as future County State Aid Route, and WHEREAS, MnDOT and the County have agreed upon terms to transfer the jurisdiction of TH 5 to Washington County, and WHEREAS, after the transfer,TH 5 will become a County State Aid Highway within the corporate limits of Oak Park Heights,and WHEREAS,the jurisdictional transfer of TH 5 from MnDOT to the County will occur on or before June 30`h,2015. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Oak Park Heights that the jurisdictional transfer of TH 5 from MnDOT to Washington County, and the subsequent designation of the route as a County State Aid Highway located within the City Limits is not in dispute and the City does approve the transfer. BE IT FURTHER RESOLVED that this Resolution relative to this transfer of the roadway does not imply or create an acceptance of any current or future costs upon the City nor does it imply or create an approval or concurrence by the City of the 2010 Washington County Comprehensive Plan, nor its elements or amendments. This Resolution is adopted by the City Council of the City of Oak Park Heights, Minnesota, this 26th day of May,2015. Mary McComber,Mayor ATTEST: Eric Johnson, City Administrator Page 20 of 86 City of Oak Park Heights 14168 Oak Park Blvd, N•Rox 2007.Oak Park Heights.MN 55082•Phone(65 1)439-4439.Fxx(65 t)439-0574 May 2011, 2015 MEMO TO: Mayor and City Council Memb FROM: Eric Johnson, City.Qdminist,�,or RE: County Request—S,fH,5 tb Was4aington County The City has received a request from Was ' gton County to support the proposed transfer of State Trunk Highway 5 to Washington County to become a County Sta id "hway. The route as it proceeds through Oak Park Heights is shown on the attached map. In order to consider thi, ,the City must compare the costs in the longer term if it stays with MNDOT or with the County. Some known conditions are: 1. The North Bound TH 5 is 2-lanes in OPH from the southern city boundary to the STH 36 Bridge. 2. The South Bound TH 5(West side of roadway)is 2-lanes from STH 36 Brdge to 55th Street which is the City's southern boundary on the west side of the road. 3. The South Bound TH5(West side of the roadway)lying south of 55th Street is in Lake Elmo and in this area transitions to one lane. 4. In OPH there is 3,200 LF or Urban Section(Curbing)14,260 LF of Rural(No Curbing)+1-. 5. The signat at TH 5 and 581h Street is owned by MNDOT however the City performs minor maintenance this,pursuant to CITY-MNDOT Agreement 76528-R 6. The signal at TH 5 and the STH 36 offlon ramps is owned by MNDOT and is NOT maintained by the City. r , xr X !j* A 1. J r^e \\ wC— - rtv tt OTrCi A074'7fi52&R .. h. x ° J P 4 � RtGy:51f90�. � � • _ M`u' 3,200 LF of Urban Section L :- 4,200 LF of Rural Section a Feet 253 50. 1 Oct z.o O Page 21 of 86 Curbing: MNDOT has indicated that they would replace all the current curbing at their expense if they performed a RECONSTRUCTION in the area; under the same situation, the County would apply its cost sharing policy as adopted which at his time for cities under 5,000 such cost share would be $0. So these are generally equal. Signalizations: MNDOT has indicated that they would seek to charge the City for each"leg"of input to an intersection signalization; so for 58th Street those costs would be +l-$50,00011eg—or$100,000 total. The County would apply its cost sharing policy and would be$0--if the City remains under 5,000 otherwise these too would be by leg. So this is a benefit to the City at this time. However, please note how the underlying Agreement 76528-R would be impacted is unknown, but likely the County would assume MNDOT's role. The City would continue with minor maintenance. Drainage: MNDOT has indicated that they would repair and re-establish any drainage needs based on current flow in the event of a reconstruction at no cost to the City. The County would apply the same premise. However in both cases, if there was new contributing flow or enhancements desired both the State and County would seek cost sharing based on that flow percentage. So these are generally equal. Street Reconstruction/Expansion: MNDOT has indicated that if they reconstructed the roadway or planned for an expansion to a four lane, that these would be their costs to perform. The County would have the same general cost participation in this instance. So these are generally equal. Summary: Considering all these various scenarios,there is not a way to predict the highway future needs into the 30-year horizon; however the road right of way though OPH already is a 4-land divided highway with tum-lane and which would seem likely to accommodate the anticipated needs for the foreseeable future. That said based on known conditions, the transfer to the County is likely cost neutral to the City. Both parties may alter their cost sharing rules, however these are obligations that neither the State nor the County may enforce the City to provide. It is unknown however when the ISD#834 proposal will be submitted to the City for review to plan for their major High school I Field expansions and how that may impact this area. The City will need to consider those impacts and consider the transfer of those impacts to the#ISD 834 as these would be applied to any other developer. Possible Action: While the transition of the roadway from the State to the County itself at this time is likely neutral;the County likely will alter is cost-sharing policies—perhaps better; perhaps worse for OPH, much like the State policies can change. Accordingly, at this time if the City Council was inclined to take an action on this matter the City Staff would recommend the approval of the enclosed resolution with the supplied caveats on the 2010 Washington County Comprehensive Plan and clarifications on future costs. Enclosures: • Proposed Resolution as Recommended by City Staff • City Spreadsheet Comparing Costs. • Washington County Cost Participation Policy • Washington County Power Point • Copy of the State—Washington County Agreement on the Transition. • Additional Map of Southern Portion of TH 5—near the High School Page 22 of 86 �\ \ ) ® \ \ \\\ \ \ ! ) ! § \ { ( } _ , � E 41 ! $ \ - w E \ /{ � \ } \ \ a 0 \ _ > _ _ _ {\ { ( \ Page 23 of 86 WashinLyton p Pulshc Warks Department Revised Donald J.Theisen,P.E. �:�C 4C:7 y Director/County Engineer owoftftftmoo oUnt DRAFT Wayne H.Sandberg,P.E. f I Deputy Director/County Engineer COST PARTICIPATION POLICY FOR COUNTY HIGHWAY PROJECTS Items County Share City ' 5000 City a 5000 or Share Township Share Grading (Roadbed) 100 0 D Base & Surfacing of Roadway 100 0 0 Storm Sewer& Stormwater Management' % eligible State Aid Remaining Remaining Concrete Curb & Gutter 50-100 5D 0 Curb & Gutter for Median Construction 100 0 0 Concrete Median 100 0 0 Multi-use Path and/or Sidewalk 50 50 50 Multi-use Path and/or Sidewalk Replacement 100 0 0 Mobilization % of Const. Cost % of Const. Cost % of Const. Cost Construction Traffic Control % of Const. Cost % of Const. Cost % of Const. Cost Right of Way 100-0 0-100 0-100 Sound/Noise Barrier 0 100 100 Retaining Wall to Minimize Impacts 50 50 50 Retaining Wall in Lieu of ROW Acquisition 0 100 100 Bridge By Negotiation Roundabout By Leg By Leg By Leg Traffic Signal Systems By Leg or 100% By Leg 0 Intersection Lighting By Leg By Leg By Leg Traffic Control Signs & Devices 100 0 0 Erosion Control % of Const. Cost % of Const. Cost % of Const. Cost State Aid Eligible Landscaping, Amenities & Match up to 3% of Remainder of Aestheticss construction cost Costs Remainder of Costs Engineering Services % of Const. Cost % of Const. Cost % of Const. Cost Construction/Adjustment of Municipal Utilities 0 100 100 1 Includes storm sewer and stormwater treatment construction. Land acquisition for stormwater treatment shall be considered Right of Way. In the event no State Aid is being used, or in the event the State Aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right-of-way to the total contributing flow. 2 The County pays for 100% of a standard median design such as plain concrete or sod. If a municipality requests decorative median such as red brick, stamped concrete or exposed aggregate, the local unit will pay the additional cost above the cost of a standard median. 3 Costs associated with Multi-use Path and/or Sidewalk construction include grading, pedestrian tunnels, pedestrian ramps and bituminous trails. 4 Right-of-Way costs incurred because a municipality did not acquire the width of right-of-way required in the County Comprehensive Plan, at the time of the platting or redevelopment process, shall be paid by the municipality. Right-of-way purchased in addition to that needed for the road project, shall be the responsibility of the requesting agency. In locations where platting or redevelopment has not occurred, Right-of-Way shall be split 45% county, 55% city. Availability of other funding sources (Federal, State, etc.) may change these percentages. 5 In the event a municipality has not acquired the required width of right-of-way during the platting process, any retaining walls used to reduce or eliminate right of way purchases, will be the responsibility of the municipality. 6 County Construction Costs. Includes, but not limited to: decorative street lighting, decorative signing, railroad quiet zones, fencing, trees, shrubs, grasses, decorative poles, banners, hanging baskets, irrigation. Page 24 of 86 Ln (n o � Aq 4-4 tj Page 25 of 86 r TM o G9 zr m � V m 70 p_ e1 Mi Q Y, 3 a r 1 7C N M ff Yi r m m J m r•r D y !7G � Om -� I I "r - , 00 IK m R 2 z .. ` �aT"��- }_ ee � 7C x -d 7ta�m o m o nip A,r_. .,`�IM14c m� N= d Page 26 of 86 s I S I 90 C7 N C CD o 0 > X Ln NJ (D 0 W a 0 e ®a a 0. .. rD rD r Page 27 of 86 0 0 0 b D �U rD W m � 0 a flJ r--F rD -.... V) (D --h ® (D rD ® c cy- o > < 0 3 CD CDo �a a NZ O Page 28 of 86 ;.> I I D -n Ln C 4. rDr, (D Qj Ln m rD r) Ln Page 29 of 86 0 r I I r® I I o On ry 7 < r� ° C > �' '° ' zF ®a V) Ul r ro a�a � o Vl- 4.rf- C) o Lrl 0 00 o 0 0 0 C) 0 0 0 C) C) cr O Ln Page 30 of 86 x n � -� cn , z m Ol a)• N i (D ,� F; C:) Cu 0 o Es Q z rD o CD O-Q" o 3 O T �y - :3 42� 3 e� ® A w ; hJ fj m = = — — x v cs v cn CJ D D D rD D CD rD j ° • 0 Q �h C' C' CO Q Q rD rD 2. C ® 1� A w A m 3 C (� Ca ar —I CD C J Q ro Q m rn r� s O Q Q r2 rD ro ro ro CL Ul rD 3 a 0 fD rD rD p r-) r) r-) p C O O O C 0 rD Z3 M Ln V� U w a m V) o ' v d C7 CJ fv w V C G) Cif O Q Q L w o CD o CD CD °O °o rF CD CD o 0 o CD G O O Q O CD CD ©° o CD CD CD o Page 31 of 86 �o 0 Page 32 of 86 0 C) e) G a 0 i ® • 0 (D O W W N 00 cn C w --h z m 0 p y O tD 3. 0 rD m rD m ® e rD" . CD ®' CD rD CU r) CD --N rD (D �' rt . CD O m CD V) ®° o CD � o CD (D M Tcz Page 33 of 86 0 Ln CL rD U� rD CU ITS— .Q...arro a �g 4 � o m I Page 34 of 86 Minnesota Department of Transportation 1500 West County Road B-2 Roseville, MN 55913 Date: May 6, 2015 Wayne Sandberg P.E. Washington County Engineer 11660 Myeron Rd N Chaska, Mn 55318 RE: Proposed Const. Agreement Igo. 1000677 County of Washington S.P. 8214-121(T.H.5=45) T.H. 5 Transfer of Jurisdiction Dear Mr: Wayne Sandberg Transmitted herewith in duplicate is a proposed agreement with the County of Washington. This agreement provides for transfer of jurisdiction of T.H. 5, from Mn 120 to Mn 36. Kindly present this agreement to the County Board for their approval and execution, which includes original signatures of the County Board authorized County officers, on the two copies of the agreement. Also required are two original copies of a resolution passed by the County Board authorizing its officers to sign the agreement in its behalf. A suggested form of such resolution is enclosed. A third copy of the agreement is provided for your use until you receive a "fully executed" copy. Please return the two original signed copies of the agreement and resolution, once they have been executed by the County. A copy will be returned to the County when fully executed. Sincerely, ie Mareiniak Office Administrative Specialist Enc. Proposed Agreement (2) Resolution (2) cc: Maryanne Kelly-Sonnek—M.S. 682 Page 35 of 86 WASHINGTON COUNTY RESOLUTION IT IS RESOLVED that Otter Tail County enter into MnDOT Agreement No. 1000677 with the State of Minnesota, Department of Transportation for the following purposes: The State will release of Minnesota Highway 5 from Minnesota Highway 120 to Minnesota Highway 36 and provide a lump sum payment to the County and the County accepts the release after legislative repeal of Minnesota Highway 5 fi-om the state highway system. IT IS FURTHER RESOLVED that the and the (Title) are authorized to execute the Agreement and any (Title} amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Washington County at an authorized meeting held on the day of 2015, as shown by the minutes of the meeting in my possession. (3igiuttura) Subscribed and sworn to before me this day of 3 2015 - (TY or Print Name) Notary Public (Title) My Commission Expires b,��4 Page 36 of 86 MnDOT Agreement No. 1000677 STATE OF MINNESOTA TRUNK HIGHWAY JURISDICTIONAL TRANSFER AGREEMENT State Project Number(S.P.): 8214-181 Original Amounts.Encumbered Trunk Highway Number(T.H.): 5 State Funds Control Section: 8214 $2210001000.00 Purpose: State transfer of TH 5 to the County of Washington. This Agreement is between the,State of Minnesota,acting through its Commissioner of Transportation(NMDOT) and County of Washington, a political subdivision of the State of Minnesota acting through its Board of Commissioners,(Washington County). RECITALS 1. Minnesota Statutes §161.20 authorizes MnDOT to enter into agreements with other governmental authorities to carry out the purposes of Minnesota Statutes Chapter 161; and 2. Washington County is a"Road Authority"its defined in Minnesota Statutes §160.02 (subd. 25); and 3. MnDOT has determined that Trunk Highway 5 from Trunk Highway 120 to Trunk Highway 36("Roadway Segment") is no longer needed for trunk highway purposes; and 4. The parties agree that Washington County is the proper road authority; and 5. Minnesota Rules Chapter 8820, State-Aid Operations govern eligibility and requirements for adding roadways to state aid roadway systems; and govern eligibility for State-Aid transportation funding including County Turnback Account; and 6. The Roadway Segment is in need of pavement repair and improvements; and 7. The parties have entered into this Agreement to provide for the orderly transfer of the Roadway Segment to the jurisdiction of Washington County. AGREEMENT 1. Effective Date; Survival of Terms This Agreement will be effective on the date last signed below by the parties and by such other State of Minnesota officials as required by Minnesota Statutes §16C.05. This Agreement will remain in effect until MnDOT has(1)served a Notice of Release,and (2) made payments(if any)as required by this Agreement. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration of the Agreement. 2. Identification of Trunk Highway Segment; Right-of-Way Determination The Roadway Segment subject of this agreement is Trunk highway(TH)5,aka 36"'Street North, aka Stillwater Boulevard North, from TH 120 aka Century Avenue North in the City of Oakdale to TH 36 in the City of Oak Park Heights. Roadway Segment length is 8.28 miles. MnDOT will determine the final right-of- way limits prior to transfer of title to Washington County, Page 37 of 86 Mn1)0T Agreement No, 1000677 3. Notice of Release;'Conveyance Documents 3.1. Notice of Release. MnDOT will deliver to the political Subdivision a "Notice of Release" citing the effective date of release(".Effective Date"). Upon the Effective Date,the Roadway Segment is released from MnDOT's jurisdiction, and the Political Subdivision is the Road Authority with jurisdiction over the Roadway Segment and will assume all responsibility for-the operation,maintenance,and reconstruction of the Roadway Segment and of all structures and facilities that are a part of the Roadway Segment. 3.2. Conveyance Documents. Subsequent to issuing the Notice of Release MnDOT will prepare and execute necessary and appropriate documents conveying State's interest, if any, in the Roadway Segment to Washington County. 4. Delivery of Records Following delivery of the Notice of Release, MnDOT will, upon request, provide Washington County with available records concerning the Roadway Segment, Such records must be in MnDOT's possession, and will be released only if such release is lawful under the provisions of the Minnesota Government Data Practices Act. Such records may include the following: a) A list of active maintenance agreements, including signal and routine maintenance agreements with other governmental agencies that will be cancelled,and a list of agreements with utility companies that will be cancelled; b) Records concerning utility permits,drainage permits,driveway and other access permits, advertising and sign permits,and other limited-use permits; e) Construction plans and records,as-built construction plans(if available); d) Bridge inspection reports and ratings; e) Acrial photos and other photo and video files, in either hard copy or digital form; f) Right-of--way maps and parcel files; g) Inventory Data; h) Pavement condition ratings; i) Traffic signal files including timing sequence information and repair history; j) Accident reports and statistics; k) Most current traffic counts; 1) Alignment ties, horizontal and vertical control monuments and related data; m) Partially or frilly completed plans for construction projects; n) Road opening and right-of-way documentation; S. Responsibility for Claims MnDOT will remain responsible,to the extent authorized by Minnesota Statutes §3.736 and other applicable law, for claims related to construction,maintenance,and operation of the Roadway Segment during the period when it was a state trunk highway, even if such claims are filed after Roadway Segment is transferred to Washington County. Washington County will be responsible for claims arising out of its own construction, maintenance, or operation of the Roadway Segment after it is transferred to Washington County. 6. Payment by MnDOT 6.1 1MnAOT'.s Maximum Obligation. MnDOT's maximum obligation under this Agreement is $22,000,000.00. This obligation may be increased only by amending this Agreement. 6.2 Conditions of Payment. MnDOT will pay the Washington County the full and complete lump sum amount after the following conditions have been met: A. Encumbrance by MnDOT of the full and complete amount. U. Execution of this Agreement and transmittal to Washington County. Page 38 of 86 MnDOT Agreement No. 1000677 C. Transfer of the Roadway Segment to the jurisdiction of Washington County. D. MnDOT's receipt of a written request from Washington County for the payment of funds. The request shall include a copy of the"Notice of Release",described under Article 3,1, indicating the Roadway Segment has transferred to the jurisdiction of Washington County. 7. Release of Claims; Covenant not to Sue By accepting the payment provided for in this Agreement, Washington County releases MnDOT from any and all claims related to the condition of the Roadway Segment,regardless of whether such claims result from surface or sub-surface conditions, and regardless of whether such conditions were known or unknown at the time of reversion, Washington County is encouraged to perform its own geotechnical explorations and will not rely on previous geotechnical studies performed by MnDOT. In consideration of the turnback payment provided by MnDOT, Washington County covenants not to sue MnDOT or any other state agency or official with respect to MnDOT's decision to make the reversion or for any claim arising out of the condition of the Roadway Segment. 8. General Provisions 8.1. [venue. Venue for all legal proceedings out of this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 8.2. Termination. This Agreement may be terminated only by mutual written agreement of the parties, except that MnDOT may terminate this Agreement if it does not obtain funding from the Minnesota Legislature, 8.3. Suspension. MnDOT may suspend its payment obligations under this Agreement in the event of a total or partial government shutdown due to failure to have an approved budget by the legal deadline. The period of suspension will end when MnDOT is legally authorized to resume such payments. 8.4. Severability. If any provision of this Agreement is found to be invalid or unenforceable,such provision will not affect the validity or enforceability of any other provision of this Agreement,which will remain in force and effect. S.S. Merger. This Agreement contains all prior negotiations and agreements between MnDOT and Washington County. No other understanding regarding this Agreement, whether written or oral,may be used to bind either party. 8.6. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved this Agreement,or their successors in office. 8.7. Government Data. This Agreement, and any data exchanged by the parties pursuant to this Agreement, will be "government data" and subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13, 8.8. State Audits. The books,records, documents, and accounting practices and procedures of Washington County relevant to this Agreement are subject to examination by MNDOT and the State Auditor or Legislative Auditor,as appropriate, for a minimum of six years, THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 39 of 86 MnDOT Agreement No. 1000677 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes §16A,I5 and §16C.05 Recommended for Approval: Sighed: By; I (District Engineer or ADE State Aid) Date: Date: SWIFT Purchase Order: Approved: By: WASHINGTON COUNTY* (State Aid Engineer) Washington County certifies that the appropriate Date: person(s)]rave executed the Agreement on its behalf as required by applicable resolutions, ordinances or charter provisions. By: Approved: Title: BOARD CHAIR By. Date: (Operations Engineer) Date: By: Title: ADMINISTRATOR COMMISSIONER OF ADMINISTRATION Date: By- (With delegated authority) Date: By: Title: ASSISTANT COUNTY ATTORNEY Date: * INCLUDE A RESOLUTION Page 40 of 86 �a c , 0 CD " Q tU cp CD � a ar� M x � t YF E C 7 w A fir/ � � r�r a '9r� r'�` �`•' �5°' a 4 F. v. � k FD co O O Lt L _ .. cr « a V/ CD W/ a nlq^O O T f -/ G4, n� i. IvA rp-!m� or �.i r'-3.:+y � W ��„1,�+-�^�y �xn. " y�a•�Si,� � F l .0 1 r�tA y� n � : J 444 y qq j'4,r .���� ° r.. � .v� � d«" xgc•g9»„. f ti.+� � 9 '.� >f�6 ',, �•� l�.w, d !,Y� .�. .wild o f I a a• :. « �.� ',✓'AM' fir.." 4 !. � } > r .qy r t �. r taaw , ,y �I Y P O > h Mx M m 4s war r� } r v �a l a ` I- 7 Page 2 of 4 86 a s Oak Park Heights Request for Council Action Meeting Date May 26 , 2015 Time Required: 1 Minute Agenda Item Title:_ Approve up to $3500.00 for Trail Connections Agenda Placement Consent A en Originating Department/Reques Eric Johns . Administrator Requester's Signature Action Requested Approve u o $3500.00 for Trail Installations Oak Park Crossing Park Background./Justification(Please indicate if any previous action has been taken or if other public bodies have advised): There are two missing trail connections near the installation of the MNDOT trail ways along the south frontage road lying east of Oak Park Crossing park and north of the Cover Park.(See Map Below)Essentially the MNDOT installations did not include nor make connections to cross-link the trail systems in two key locations,albeit these are short. The City has secured permission from Xcel Energy for these trails The City has secured a quote from Brochman Paving for$3050.00 to complete these two sections. Funding could be derived from the City Park and Trail Fund and/or the Xeel Energy Park Contribution. Page 43 of 86 $ LOCHM4* BLACK TOPPING OPPING CO. www.brochmanpaving.com 12770 McKusick Rd., Stillwater,MN 55082 MN: (651)439-5379 WI: (715) 294-1622 Q Service Contract NAME: DATE: ADDRESS: t��^ ©b TELEPHONE�51-1-S 5 7 57 CITY:. ,~ l t W a '1 �t� P�9 STATE: 1# 1 - �`� E-MAIL: �k ®u+ Opt - ar 01 ea 40v-^ JOB'TYPE: e-( PHALT WORK $ � O CEMENT WORK $ O SURFACE SEAL $ EJ CRACK SEAL $ ± TRUCKING $ ,_j 00, oD 0 SNOWPLOWING $ evt-vo?r� J' e2. % t2,m�ka HER $ 30(7, ao JOB SKETCH: D-f�r edn+1'eC'4 TOTAL COST: $ '7 a 5-0• ASPHALT AND CEMENT WARRANTY P One(1)year on workmanship excluding p damage caused by freezing er winter activity. Q o L� t CIS" �Q 'Cow,sue-' Vj 00 -.a CONTRACTOR AGREES TO SUPPLY LABOR, MATERIALS,AND EQUIPMENT FOR THE FOLLOWING JOB DESCRIPTION: Sro a.^0 As d„ - -- -�,,�J-;L.t®c„Lve,^ — - Ape 41-ras s- aAte Wes_ CUSTOMER SIGNATURE CONTRACTOR SIGNATURE AGREEMENT TO MAKE PAYMENT UPON COMPLETION OF JOB PLEASE SEND PAYMENT TO: BROCHMAN BLACKTOPPING CO., 12779 McKUSICK ROAD,STILLWATER, MN 55082 ANY QUESTIONS PLEASE CALL(651)439-5379 OR E-MAIL US AT brochmanpaving @msn.com. Original-White Customer Copy-Ye{low Office-Pink Page 44 of 86 ae N 1. e pl^ y Page 45 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 46 of 86 zv' m Oak Park Heights Request for Council Action Meeting Date May 26`x, 2015 Time Required: 1 Minute Agenda Item Title: A rove up to $300.00 for Purchase of Former CijY Hall Bell Agenda Placement Consent Agenda Originating Department/Requestor Mayor McComber Requester's Signature Action Requested Approve up to $300.00 for Purchase of Former City Hall Bell Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): It has come to ray attention that the former'Town Hall/City Hall "BELT."of Oak Park Heights has been found and in the possession of a local resident who is selling it for$300.00.I would like the permission to spend up to$300 from the Council Contingency fund to acquire this for display purposes at the new City Hall. a y Page 47 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 48 of 86 r s Oak Park Heights Request for Council Action Meeting Date May 26 h, 2015 Time Required: 1 Minute Agenda Item Title,_ Provide LMC Board of Directors Endorsement - 2nd Vice President for Mayor McComber Agenda Placement Consent Agenda Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested Approve a better to the League of Minnesota Cities Providing a City Council Endorsement for Ma or McComber to be Considered as the Second Vice President of the Board of�Directors Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City Council to consider offering its approval and endorsement,via a letter,to the League of Minnesota Cities for my pending application to the Board of Directors—Office of the Second Vice President. Please see the attached letter. Page 49 of 86 a 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 May 26`h, 2015 League of Minnesota Cities C/O: Mr. Jim Miller, Executive Director 145 University Ave. W. St. Paul, MN 55103-2044 RE: Second Vice President Position—League of Minnesota Cities Dear Mr. Miller It has come to the City's attention that there may be a forthcoming vacancy of the League of Minnesota Cities—Office of the Second Vice President. On Tuesday, May 26th, 2015, the City Council for the City of Oak Park Heights unanimously endorsed that Mayor Mary McComber be considered to fill such Office. Councilmember McComber has served in many organizations consistently advocating for the best interest of her City and that of her common Minnesota communities. These include serving with the Metro Cities Board of Directors, various League of Minnesota Cities policy committees, the National League of Cities as well as serving on numerous transportation and other policy committees that were required to act in the best interests of the region. The City Council does firmly believe that Mayor McComber would be a valuable asset to the decision making process for the League of Minnesota organization. Please let me know if you have any questions, Regards, Dr. Eric Johnson, AICP City Administrator Cc: Weekly Notes Page 50 of 86 r a Oak Park Heights Request for Council Action Meeting Date May 2b 2015 Time Required: 1 Minute Agenda Item Title: Adopt Resolution— Minimal Impact Design Standards Agenda Placement Consent A en G Originating Department/R.eque r 4on, Cit y Administrator Requester's Signature Action Requested Approve s ution Sqpporting Supporting a Commitment to Inte ate Storm Water Minimal lnj fact Design Standards. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see attached. Page 51 of 86 OVA fn 2L 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 May 20, 2015 To: Mayor and City Council From: Eric Johnson, City Admi atfir. Mike Isensee, MSCWM Admi ' rator Re: Consider a resolution decla,' g a commitment to review and revise the Oak Park heights City Code of Ordinances to integrate MI S standards BACKGROUND On February 10, 2015 the Middle St. Croix Watershed Management Organization (MSCWMO) attended the City Council meeting and discussed stormwater management in the community,specifically city participation in the voluntary Minimal Impact Design Standards(MIDS) program. MIDS are simplified standards developed to replace complicated and outdated standards that most municipalities currently have in place for managing storm water runoff. The intent of implementing MIDS is not only to encourage better storm water management practices for new and redevelopment projects, but also address requirements that will soon be imposed due to Oak Park Heights's recent designation as a Municipal Separate Storm Sewer System (MS4)community. As discussed in the workshop,the MSCWMO applied for and received a Clean Water Fund Grant to provide assistance to communities in Washington County to implement MIDS. This grant provides technical and financial assistance to help city staff and officials review and modify local ordinances to make it easier for developers to meet local water quality standards while protecting lakes, streams, and the St. Croix River. Based on input and discussion at the workshop, MSCWMO has developed a scope of work to begin reviewing and making recommendations for revisions to our city ordinances, to comply with MIDS standards. In order for the MSCWMO to proceed,the city is required to adapt a resolution declaring its commitment to review and revise ordinances to integrate MIDS standards, with funding provided through the MSCWMO by the Clean Water Fund Grant(see draft resolution attached). If adopted,the MSCWMO would proceed with reviewing city ordinances over the next few months and provide a recommendation for revisions to be considered by the city this spring or early summer. RECOMMENDATION Staff recommends the City Council adopt a resolution declaring a commitment to review and revise the Oak Park Heights City Code of Ordinances to integrate Minimal Impact Design Standards, with funding provided through the Middle St. Croix Watershed Management Organization by a Clean Water Fund Grant. The commitment itself does not unilaterally bind the City to adopt any particular ordinance or provision, rather it demonstrates that the City at this given time believes that the MIDS concept is of value and the City would anticipate looking favorably at prospective ordinance provisions. Page 52 of 86 RESOLUTION EXTRACT OF THE CITY COUNCIL MEETING MINUTES OF THE CITY OF OAK PARK HEIGHTS,WASHINGTON COUNTY,MINNESOTA HELD MAY 26,2015 Pursuant to due call and notice therefore, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at Oak Park Heights City Hall in said municipality on the 26`h day May 2015 at 7:00 p.m. The following members were present: The following members were absent: Councilmember introduced the following resolution and moved its adoption: A RESOLUTION DECLARING A COMMITMENT TO REVIEW AND REVISE THE OAK PARK HEIGHTS CITY CODE OF ORDINANCES TO INTEGRATE MINIMAL IMPACT DESIGN STANDARDS WHEREAS, Minnesota Statutes 2009, Chapter 115.03 Subdivision 5c. authorized the Minnesota Pollution Control Agency (MPCA) to develop performance standards, design standards, and other tools to enable and promote the implementation of low-impact development and other storm water management techniques;and WHEREAS, pursuant to the authority in Minnesota Statutes, Chapter 115.03 Subdivision 5c, the MPCA developed a set of performance goals, design standards, and policy development guidance provisions known as the Minimal Impact Design Standards(MIDS); and WHEREAS, The Middle St. Croix Watershed Management Organization (MSCWMO) has secured a Clean Water Fund Grant to assist communities with integrating MIDS into local ordinances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OAK PARK HEIGHTS,MINNESOTA,AS FOLLOWS: The City of Oak Park Heights has declared its commitment to adopt the MIDS standards into the Oak Park. Heights City Code of Ordinances to achieve protection of our local water resources with funding provided through the MSCWMO by a Clean Water Fund Grant. The motion for adoption of the foregoing resolution was duly seconded by Councilmember and upon roll call being taken thereon,the following vote via voice: Mary McComber— Mike Runk— Mike Liljegren— Mark Swenson— Chuck Dougherty— WHEREUPON, said Resolution was declared duly passed and adopted and signed by the Mayor and attested by the City Administrator. Passed by the City Council, City of Oak Park Heights, Washington County, Minnesota,this 26t3i day of May 2015. ATTEST: Eric Johnson,City Administrator Mary McComber, Mayor Page 53 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 54 of 86 r Oak Park Heights Request for Council Action Meeting Date: M" 26th, 2015 Time Required: 1 Minute Agenda Item Title: Approve Fiscal Ye 2015-2016 Budgetsfor Central St. Croix Valle Joint Cable Commis ' n and Valley Access Channels Agenda Placement: Conwft A a Originating Drepartment/Req stor son ministrator Requester's Signature Action Requested A rove is a1 Year 2015-2016 Budgets for Central St. Croix Valley Joint. Cable (forainissionand Vallev Access Channels. Back round/Justification ease indicate if any previous action has been taken or if other Ijublic bodies have advised): See attached budgets. Page 55 of 86 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1492 Frontage Road West Stillwater, MN 55082 Phone (651) 439-8803 Fax (651) 275-1766 MEMO To: Tom McCarty, City of Stillwater Eric Johnson, City of Oak Park Heights Logan Martin, City of Bayport Enclosed you will find the 2015 budgets for the Central St. Croix Valley Cable Commission and Valley Access Channels. Sorry I've gotten these to you much later than normal! We ask you to put them on an upcoming agenda for approval by your City. Please notify me (email is ok) that your City has approved them (I guess you'd call that a formality!) The Commission approved them at an earlier meeting but we like our Cities to approve them also. Thanks! Also find our current roster. Looking forward to meeting you, Tom & Logan! Hope all is well with you Eric! Kathy Cinnamon, Administrator Central St. Croix Valley Cable Commission centralstcroix @comcast.net Representing the Cities of Stilhvater, Oak Park Heights and Bayport acid the Townships of Sti.thvater and Baytown Page 56 of 86 Central St. Croix Valley Joint Cable Communications Commission Operating & Capital Expenditure Budgc-t Fiscal Year 2015 (February 1, 2015 —January 31, 2015) Revenue FCC: rimes 331,300 131,030 interest Earnings 500 EA,t�ense Reimbursements 1,000 Total ,Revenue $ 453,830 cxaenses Salary (includes employer's FICA & PERA) Admin. Secretary (30 hr. week) 40.290 Professional Services Legal Fees/Franchise Renewal 20,000 Accounting 4,500 FY 2014 Audit Expense 10,900 Other Expenses Office Supplies 21,000 Telephone 1200 Postage inn Maintenance/Repairs 100 Conf/Mtgs/Dues 1,500 Print/Publish 50 Insurance/Bond -- 5,000 Medical Insurance. 11,000 Dental Insurance 4.15 Off i�e Runt 24,300 Gas & Electric 3,000 Security System Monitoring 200 Photocopier Expenses 800 Possible Internet Expense, 6 months 225 (spiit with Valley Access Channels) Page 57 of 86 Carle Commission FY 2015 Budget — Page 2 x Access Center Support 325,300 (PEG Fees 131,030; Franchise Fees 193,770; Interest Earnings 500) Miscei!ar�ous Expenses 1,000 Va!l ,,[ 'R,iJce Mall Christmas Event 200 Premium VV,,ters 100 Reserve Funds Accounts Legal Corti;,_Dvncv ] -0- A�CGho U." a,71 7f iEo�r, -0- HVAC Msi'-,:enancel,'Repalr -0- Security F=und -0- Ca-i`3' Revolving Fund -0- Payroll Expense Reser,es 3,000 Office Equipment Fund 8.000 Total Expenses S463,830 A 2.751,,',, COLA v,,as budgeted for this }rear. Page 58 of 86 Valley Access Channels Operating & Capital Expenditure Budget Fiscal Year 2015 (February 1, 2015 — January 31, 2015) Revenue Commission Subsidies- PEG Fees 131-030 Franchise Fees 103.770 Interest Earnings 500 325,300 Lower Valley Funds i 6.800 Tape Dub Reimbursements 101000 834 School Dist, Reimbursement 3.500 Miscellaneous Reimbursements 00 0 Total Revenue $ x6 1.0 00 Expenses "Salaries (includes employer's FICA & PERA where applicable) Access Manager — 40 hours/wk 63,490 Lead Facilities Coordinator —40 hours;vvk 51,310 Facilities Coordinator—40 hours/tvk 41.250 Facilities Coordinator-- 40 hours/wk 43.700 PT Access Associates— up to 20 hrs/wk_ 17,550 Govt. Meetings & School Board Meetings 8;650 Freelance/Temp Employees 17,500 Total Salary Expense $243,450 ?rofessional Services /'11+1.0:J!ItI)Ig A r nr1 -T.vvv Other Expenses -Ofr"ice-Supplies -... . ._ 1,000 Media Supplies F 3,000 Telephone _ 1.200 Rent & CAM 43.600 Gas & Electric 3,000 Premium Waters 150 Insurance/Bond 51000 Medical Insurance 23.000 Dental insurance 1,650 Postage/Mtg/Coni/Dues 800 Maintenance/Repairs 6,500 ?~.Mileage, gas & car repairs 2,000 Internet for 5 months (split %WCommission 225 Page 59 of 86 r Valley Access Channels — FY 2015 Budget — Page 2 Publicity 1 ,000 Misc/Facility/Office Furniture 7:000 Security Monitoring 350 Copy Machine Expense 300 Reserve Funds for CitiesNAC (Repair/Replace Equipment) 12,375 Total Expenses $ 365,600 A 2.75% COLD increase has been budgeted for this year. Page 60 of 86 F t Oak Park Heights Request for Council Action Meeting Date May 26h, 2015 Time Required: 1 minute Agenda Item Title; Rgfund of Fees to the Hos Ili rn ion I $A related to the Minnesota Irom-nawAite.,MdAvent Agenda Placement Consent A end Originating Department/Requesto Eric Cit 'nistrator Requester's Signature Action Requested Refund $1 000 ciity and the $500 Impact Fee to Hostellin International USA Organization for the O 1 lronman Bicycle Ride. Background/Justification(Please indic if any previous action has been taken or if other public bodies have advised): The Minnesota Ironman Bike Ride Event has requested a refund of their $500 Impact Fee as it relates to their recent April Bike Ride Event through the City. There were no known issues with the event and the group was well coordinated. Staff does recommend the refund of the $1,000.00 project security and the $500 Impact Fee as the organization has provided a copy of the 501 c 3 designation and the funding raised is used to support a benevolent project known as Hosteling International as well as the Minnesota Ironman Bicycle Ride itself which attracts people to the community; certainly not intended for an underlying for-profit endeavor. Page 61 of 86 r;a Hostelling International Central Region 622 Se by Avenue.. St. Paul, MN 55104 t (651) 251-1495 f (651) 251-1496 hiusa.org MEMORANDUM Date: April 30, 2015 Subject: Refund Request Permit/Fees for Minnesota Ironman Bicycle Ride To: Eric Johnson Oak Park Heights City Administrator 14168 Oak Park Blvd. N. Oak Park Heights. MN 55082 From: Jon Ridge, VP Central Region, Hostelling International USA, Re: Minnesota Ironman Bicycle Ride 2015 Dear Mr Johnson, My letter is a request for a refund from our$1500 deposit for the permit for this years Minnesota Ironman Bike Ride. Last Sunday was a perfect day to ride a bike. And 2700 cyclists road in the 49a' annual Minnesota Ironman Bicycle Ride. We had a marvelous day. Thank you for allowing us to use a few roads in Oak Park Heights. We had no incidents along our routes and the ride was the one of the safest we've had in years. No rider accidents reported in 2015. The Minnesota Ironman is a fundraising event for our organization., Hostelling International USA. We operate a youth hostel in Itasca State Park and work to promote cultural understanding through travel with our global network of hostels. I serve as the Regional Director and office here in St Paul. Please send the refund to: Hostelling International USA 2500 University Ave W, Mail Box 16 St Paul,MN 55114 v Tha you Eric for your support. Sincerely, on Ridge VP Central Region, HI-USA on.ridge�&liiusa.org Tom Sullivan, Ironman Ride Director Page 62 of 86 s Oak Park Heights Request for Council Action Meeting Date May 26`x' 2015 Time Required: 1 Minute Agenda Item Title: 2015 Fireworks Funding Agenda Placement Consent Agenda Originating Department/Requestor Mayor McComber Requester's Signature Action Requested Authorize the allocation $5,000 for fireworks in the City's 2015 Budget to The City of Stillwater to support the 2015 4"' of.luly Fireworks. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City's 2015 Budget allocates$5,000 for fireworks,I would like the City to provide that funding as allocated in the budget to the City of Stillwater for the sole purposes of supporting the cost of the 4`h of July fireworks display from the contracted vendor. Page 63 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 64 of 86 l ` Oak Park Heights Request for Council Action Meeting Date May 26th, 2015 Time Required: l Minute Agenda Item Title: Oak Park Hei ht Senior Livia Phase IV Planned Unit Development Bond Issuance Assistance- evi e Public Hearing Date Agenda Placement Consent Agenda Originating Department/Requestor tric i4usvicitv Administrator Requester's Signature Action Requested A rovedb R(-"vised 1), i 'lic liearim-, Date to June 9� 2015 For Oak Park Hei,,hts Senior Living— Phase: IV Planned Unit Development Bond Issuance Assistance Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): On April 28,2015, the Council adopted Resolution No. 15-04-20,entitled"Resolution Relating to a Multifamily Housing Development, and the Issuance of Revenue Bonds to Finance the Costs Thereof Under Minnesota Statutes,Chapter 462C,as Amended; Granting Preliminary Approval Thereto; Establishing Compliance with Certain Reimbursement Regulations Under the Internal Revenue Code of 1986,as Amended; and Taking Certain Other Actions with Respect Thereto" (the"Resolution" The Resolution called for a public hearing to be held on the issuance of the Bonds, and the Housing Program, to be held in accordance with the requirements of Section 4620.04, Subdivision 2 of the Act and Section 147(f) of the Code (the "Public Hearing"). The Resolution indicated the Public Hearing would be held on May 26, 2015, at or after 7:00 p.m. The Borrower and the City have proposed to delay the Public Hearing until June 9, 2015, at or after 7.00 p.m.,during a regularly scheduled Council meeting. Holding the Public Hearing on this date will not unduly delay the Project. Accordingly,the enclosed resolution revises the Public Hearing date to dune Wh 2015, Page 65 of 86 s ' RESOLUTION NO. RESOLUTION CALLING FOR A REVISED PUBLIC HEARING DATE RELATED TO THE PROPOSED APPROVAL AND ISSUANCE OF REVENUE BONDS TO FINANCE A MULTIFAMILY HOUSING DEVELOPMENT BE IT RESOLVED by the City Council (the "Council") of the City of Oak Park Heights, Minnesota(the"City"), as follows: Section 1. Recitals. 1.01. On April 28, 2015, this Council adopted Resolution No. 15-04-20, entitled "Resolution Relating to a Multifamily Housing Development, and the Issuance of Revenue Bonds to Finance the Costs Thereof Under Minnesota Statutes, Chapter 462C, as Amended; Granting Preliminary Approval Thereto; Establishing Compliance with Certain Reimbursement Regulations Under the Internal Revenue Code of 1986, as Amended;and Taking Certain Other Actions with Respect Thereto"(the"Resolution"). 1.02. The Resolution related to the preliminary approval of the issuance of the City's revenue bonds, in an aggregate principal amount not to exceed $7,200,000 (the `Bonds"), the proceeds of which are proposed to be loaned by the City to Green Twig Villas, LLLP, a Minnesota limited liability limited partnership,to finance the acquisition, construction and equipping of an approximately 62-unit, two-story senior apartment building with an underground parking garage, to be located at the southeast intersection of Nova Scotia Avenue North and Upper 58th Street North in the City (the "Project"), (ii) payment of interest on the Bonds during the construction of the Project, (iii) funding of one or more reserve funds to secure the timely payment of the Bonds, and(iv)the payment of all or a portion of the costs of issuing the Bonds. 1.03. The Resolution called for a public hearing to be held on the issuance of the Bonds, and the Housing Program, to be held in accordance with the requirements of Section 462C.04, Subdivision 2 of the Act and Section 147(f) of the Code (the "Public Hearing"). The Resolution indicated the Public Hearing would be held on May 26,2015,at or after 7:00 p.m. 1.04. The Borrower and the City have proposed to delay the Public Hearing until June 9,2015, at or after 7:00 p.m., during a regularly scheduled Council meeting. Holding the Public Hearing on this date will not unduly delay the Project. 1.05. All capitalized but undefined terms in this resolution shall be defined as in the Resolution. Section 2. Public Hearina. This Council will conduct a public hearing on Tuesday, June 9, 2015 on the Housing Program, the Project, and the issuance of the Bonds, notice of which hearing(the "Public Notice") will be published as required by Minnesota Statutes, Section 462C.04, Subdivision 2 of the Act, and Section 147(f) of the Code. The City Administrator is authorized to cause the publication of the Public Notice in accordance with the aforementioned provisions of the Act and the Code. The Public Notice will provide a general, functional description of the Project, as well as the maximum aggregate face amount of the Bonds to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the Project, and the location of the Project. The Public Notice is authorized to be published in a newspaper circulating generally in the City on a date at least 15 days before the Public Hearing. At the Public Hearing reasonable opportunity will be provided for interested individuals to express their views, both orally and in writing, on the Housing Program, the Project, and the proposed Page 66 of 86 r issuance of the Bonds. The Public Notice is attached hereto as Exhibit A, and the Council ratifies the publication of the Public Notice in the form provided. Section 3. Resolution Effective. Except as may be amended by the terms of this resolution, all terms and conditions of the Resolution remain effective. Adopted by the City Council of the City of Oak Park Heights, Minnesota, this 26th day of May, 2015. CITY OF OAK PARK HEIGHTS,MINNESOTA Mary McComber,Mayor Attest: Eric Johnson, City Administrator Page 67 of 86 e EXHIBIT A PUBLIC NOTICE NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF OAK PARK HEIGHTS,MINNESOTA,TO CONSIDER THE ISSUANCE OF REVENUE BONDS BY THE CITY TO FINANCE THE ACQUISITION,CONSTRUCTION, AND EQUIPPING BY GREEN TWIG VILLAS,LLLP OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED IN THE CITY NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Oak Park Heights, Minnesota(the"City"),will hold a public hearing on Tuesday,June 9, 2015,at or after 7:00 p.m. at City Hall, 14168 Oak Park Boulevard in the City, to consider a proposal that the City authorize the issuance of revenue bonds(the"Bonds"), in one or more series, under Minnesota Statutes, Chapter 462C, as amended (the "Act") and pursuant to a housing program prepared in accordance with the Act (the "Housing Program"). The Bonds are proposed to be issued to finance the: (i) acquisition, construction and equipping of an approximately 62-unit, two-story senior apartment building with an underground parking garage, to be located at the southeast intersection of Nova Scotia Avenue North and Upper 58th Street North in the City (the "Project"); (ii) payment of interest on the Bonds during the construction of the Project; (iii)funding of one or more reserve funds to secure the timely payment of the Bonds; and(iv) the payment of all or a portion of the costs of issuing the Bonds. The Project will be owned and operated by Green Twig Villas, LLLP, a Minnesota limited liability limited partnership (the "Borrower"). The estimated aggregate principal amount of the Bonds will not exceed $7,200,000. Following the public hearing, the Council will consider a resolution approving the Housing Program, and granting approval to the issuance of the Bonds. A draft copy of the Housing Program is available for public inspection during normal business hours, Monday through Friday, at City Hall in the City. The Bonds will be special, limited obligations of the City and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bond will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any assets, revenues, or other property of the City. Before issuing the Bonds,the City will enter into an agreement with the Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due(which will be assigned and pledged to the payment of the Bonds). Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. In addition, interested persons may file written comments respecting the proposal with the City Administrator at or prior to the public hearing. [Publish May 22] Page 68 of 86 P", Oak Park Heights Request for Council Action Meeting Date May 26, 2015 Time Required: 1 min Agenda Item Title: Approve Budget Adjustment Agenda Placement Consent Originating Department/Requestor Betty Caruso -Finance Director Requester's Signature Action Requested Approve budget adjustment Public Work Requests _ Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Due to my oversight during the 2015 budget process I failed to include 2 specific request made by the Public Works Director. 1) $8,000 locator and 2) $ 10,000 tower cleaning and maintenance. 1) Locator - $8000 The locator expense is shared by the Water and Sewer Funds. There are sufficient funds in the Water fund to purchase this, however the Sewer Fund - Material and Supplies account is short and requires a $4,000 increase to make the purchase. The Sewer- Contractual budget is $65,650. Historically this account has incurred actual expenditures of$37,000-$51,000. The proposed budget amendment would increase Materials and Supplies by $4,000 and reduce Contractual Expenses by $4,000, 2) The tower cleaning expense of$10,000 can be funded by Fund 734 - Water Tower Rehab. An analysis of the fund supports funding for the five year maintenance cycle that was outlined in the public works director's budget memo. The Water Tower Rehab fund receives a $40,500 annual transfer from the Water Fund. The current balance is $292,555. The locator was approved at the April 28, 2015 council meeting. Action Request: Approve the Tower Cleaning Expenditure to be paid from the Water Tower Rehab Fund for 2015, should Public Works proceed with the project and make the budget adjustment from the Sewer Contractual Expense to the Serer Supplies for $4,000. Page 69 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 70 of 86 M• Oak Park Heights Request for Council Action Meeting Date May 26", 2015 Time Required: 1 Minute Agenda Item Title: rth Frontage Road - Resolution Relating to and A p .12roving the, Thr Party Agreement on th-e.Noodrontage Roadwa . Agenda Placement Originating Department/Reque r -Wic,/4�c n Citv A trator Requester's Signature Action Requested Adopt the Re 1 ion Relating to and Approving the Three Part Agreement oA t e North Frontage Roadway. Background/Justification(Please ' icate if any previous action has been taken or if other public bodies have advised): After considerable discussion, it would appear that we have a largely workable agreement between the City, County and MNDOT related to the NFR matter. I would believe that not all parties secured all elements they desired at the outset of this discussion,but I would think all parties are getting what they need in this Agreement. In short the following are the key points: • The layout is as preferred by all parties • The City does have a secure position on the access point to the NFR from Osgood Ave. • The City would assume the roadway in four years after substantial completion. • The County/ State must complete the project in a timely fashion or the State must repair the roadway at their expense. There will need to be some final adjustments to dates and position on land transfer indemnification but it is hoped that these concerns could be managed by the respective parties legal counsel for the final draft for signatures. Accordingly please see the attached resolution and draft agreement. Page 71 of 86 RESOLUTION A RESOLUTION APPROVING THE THREE-PARTY AGREEMENT BETWEEN THE STATE OF MINNESOTA,WASHINGTON COUNTY AND THE CITY OF OAK PARK HEIGHTS FOR A CHANGE OF ROADWAY JURISDICTION AND MAINTENANCE AGREEMENT FOR 60T"'STREET NORTH—ALSO KNOWN AS THE NORTH FRONTAGE ROAD. Whereas, the City of Oak Park Heights, the State of Minnesota and Washington County, (the Parties) have agreed that the current roadway known as 60`h Street / the North Frontage Road is outdated and is better served being relocated to a new location;and, Whereas, the Parties have agreed on land acquisition, construction cost responsibilities and long-term maintenance elements for this Relocation Project; and, Whereas,the parties believe that this Project should be executed promptly;and, Whereas, Minnesota Statutes §161.20 authorizes the Minnesota Depart. Of Transportation (MnDOT) to enter into agreements with other governmental authorities to carry out the purposes of Minnesota Statutes Chapter 161; and, Whereas, The City and County are each a Road Authority as defined in Minnesota Statutes §160.02 (subd.25); and, Whereas, MnDOT has determined that the current portion of 60`x' Street North (Trunk Highway No. 36 North Frontage Road) from the City boundary near Omaha Avenue to Oren Avenue (Segment #1) is no longer needed for highway purposes; and, Whereas, The City, County and MnDOT have entered into this Agreement to provide for the orderly release of this frontage road to the jurisdiction of the City and to provide for the cooperative relocation and reconstruction of a new frontage road. NOW,THEREFORE BE IT RESOLVED by the City Council for the City of Oak Park Heights that it does hereby approve the enclosed Change in Roadway Jurisdiction and Maintenance Agreement for the 60`h Street as attached. BE IT FURTHER RESOLVED that the City Attorney shall be authorized to make any final amendments to the Agreement as his office deems necessary to facilitate the Project outcome. Adopted by the City Council of the City of Oak Park Heights, Minnesota, this 26th day of May, 2015. CITY OF OAK PARK HEIGHTS,MINNESOTA Mary McComber, Mayor Attest: Eric Johnson, City Administrator Page 72 of 86 STATE OF MINNESOTA,WASHINGTON COUNTY, CITY OF OAK PARK HEIGHTS CHANGE OF ROADWAY JURISDICTION AND MAINTENANCE AGREEMENT Control Section Number: 8214 Trunk Highway Number: 36 Purpose: MnDOT to City: State release of a portion of 60th Street North(Trunk Highway No. 36 North Frontage Road),the transfer of MnDOT easement rights to the City of Oak Park Heights for the portion of 60"' Street North that lies between the City limits near Omaha Avenue and Oren Avenue(Segment#1) County to City: Acquire ROW and build the new frontage road segment in accordance with the approved plan from Oren Ave.to Osgood Avenue (Segment#3)and then transfer Comity property rights along the realigned frontage road to the City. City to County: To secure and make available land rights to the County for those portions of the realigned frontage road owned or maintained by the City in Segment#3. City: To take over ownership and all maintenance of the newly reconstructed and relocated frontage road from City limits near Omaha Avenue to Oren Avenue(Segment 41) and Oren Ave to Osgood(Segment#3) four years from and after substantial completion of the frontage road relocation and reconstruction. This Agreement is among the State of Minnesota, acting through its Commissioner of Transportation ("MnDOT"),the City of Oak Park Heights, a political subdivision of the State of Minnesota acting through its City Council ("City")and Washington County,Minnesota, acting by and through its Board of Commissioners("County") RECITALS 1. Minnesota. Statutes §161.20 authorizes MnDOT to enter into agreements with other governmental authorities to carry out the purposes of Minnesota Statutes Chapter 161. 2. The City and County are each a Road Authority as defined in Minnesota Statutes §160.02 (subd. 25); 3. MnDOT has determined that the current portion of 60th Street North(Trunk Highway No. 36 North Frontage Road)from the City boundary near Omaha Avenue to Oren Avenue (Segment#1) is no longer needed for highway purposes. 4. The City, County and MnDOT have entered into this Agreement to provide for the orderly release of this frontage road to the jurisdiction of the City and to provide for the cooperative relocation and reconstruction of a new frontage road as depicted in Exhibits A& B attached hereto and incorporated by reference herein. 5. The release of 60t" Street North to the City will occur following the completion of the Project Work as outlined below; Exhibit A shows the three frontage road segments described as follows: 5.1. Segment#1—From the City limit near Omaha Avenue to Oren Avenue. MnDOT reconstructed this segment of 60'h Street North with the St. Croix Crossing Project in 2014. 5.2. Segment#2—From Oren Avenue to Osgood Avenue(old alignment). MnDOT will release this segment of 60'" Street and convey MnDOT's easement rights to Washington County. 5.3. Segment#3—From Oren Ave to Osgood Avenue(new alignment). MnDOT and Washington County will reconstruct 60" Street(which includes a north-south section of Oren Ave.) consistent with the frontage road realignment depicted in Exhibit B. The realignment and Page 73 of 86 construction of Segment#3 is anticipated to be completed in 2015. Near the end of the construction of Segment#3,the Segment#2 roadway will be removed. 6. The City will be replacing city-owned water utilities along Oren Avenue with a separate city construction project,the City utility project shall be completed by the state's contractor mobilizes on site to complete the surfacing work.. The City will coordinate the scope, timing and schedule of its work and provide reasonable notice to each should any changes occur. Any and all costs incurred by the County due to delay in completion of the City work, shall be the responsibility of the City. Any and all costs incurred by the City due to delay in completion of the County work, shall be the responsibility of the County. 7. MnDOT will convey its property rights to the County in Segment#2 as shown in Exhibit A north of the proposed right-of-way line,property rights south of the line will be retained by M11DOT. 8. MnDOT has provided the City with its documentation regarding the clean-up and disposal of hazardous materials related to the Westbury Property. AGREEMENT 1. Effective Date; Survival of Terms This Agreement will be effective on the date last signed below by all parties and by such other State of Minnesota officials as required by Minnesota Statutes §16C.05, This Agreement will remain in effect until the Project Work is completed and until MnDOT has served a Notice of Release and the four year MnDOT maintenance requirement has expired. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration of this Agreement. 2. Identification of Roadway Segments; Right-of-Way Determination The Roadway Segments covered by this agreement are identified as Segment#1 [60th Street North (Trunk Highway No. 36 North Frontage Road) from the City limits near Omaha Avenue to Oren Avenue] and Segment #3 [new frontage road alignment from the Oren Ave/601h St intersection to Osgood Avenue] and located within the City limits of Oak Park heights. See Exhibit A for a preliminary depiction of right-of-way to be released to the City in Segments#1 and#3. The parties will determine the final right-of-way limits prior to transfer of title or property rights to the City for Segments#1 & #3. Segment#2 is covered under a separate agreement between the County and MnDOT. 3. Notice of Release; Conveyance Documents (By state) 3.1. Notice of Release. MnDOT will deliver a"Notice of Release" to the City in recordable form, releasing the Roa&kay Segment #I from MnDOT's jurisdiction including any and all rights to such lands, casements and access points. Upon the date specified in the notice the City will become the Road Authority with unrestricted jurisdiction over the roadway segment and will assume all responsibility for the operation, maintenance, and reconstruction of the roadway segment and of all structures and facilities that are a part of the roadway segment, except for those maintenance items specified in Article 5 as the State's responsibility.No alterations or additions to title shall be allowed pending final release thereof without the City's approval in writing. 3.2. Conveyance Documents. Subsequent to issuing the Notice of Release,MnDOT will prepare and execute necessary and appropriate documents conveying MnDOT's property interests in Roadway Segment#1 to the City. Page 74 of 86 4. Notice of Release; Conveyance Documents (By County) 4.1. Notice of Release. Washington County has acquired certain interests in land within Segment #3 for right-of-way purposes as it relates to the re-alignment of a portion the North Frontage Road. Pursuant to this agreement this portion of Segment#3 in the ownership of Washington County will be transferred to the City within a reasonable time after MnDOT delivers its"Notice of Release" to the City. 4.2 Conveyance Documents. Subsequent to MnDOT issuing the Notice of Release,County will prepare and execute necessary and appropriate documents conveying the County's property interests in the portion of roadway Segment #3 to the City. 5. Maintenance MnDOT will maintain the north frontage road(Segments #1 and#3) during a"Maintenance Period". The Maintenance Period begins at the execution of this Agreement and runs until all of the following conditions have occurred: (1) four years have passed from the substantial completion date(anticipated to be October 1, 2015), (2) the State has provided a Notice of Release to the City for the roadway segment as described in 3.1, (3) the County has provided a Notice of Release to the City for the County-held properties in Segment#3. (4) the City has issued a Notice of Acceptance to both the State and the County that all conditions of this Agreement have been satisfied and the roadway is in a condition reasonably anticipated for its age. Such Notice of Acceptance may not be unreasonably withheld, conditioned or delayed by the City. The City shall notice the State as to any deficiencies shall occur prior to October 1, 2018 to allow the state time to address or respond to identified issues. 5.1. MnDOT maintenance will include routine snow and ice maintenance duties and maintenance of the roadway surface including the curb and gutter. MnDOT will maintain the roadway to its standards and will not routinely mow along the roadway. 5.2. On or about October 2, 2019 the City as the road authority will be responsible for maintenance of this roadway segment. The City will thereafter be responsible for performing and paying for all maintenance and reconstruction of this roadway segment, including all structures and facilities that constitute a part of such roadway to the standards it sets for city streets. 5.3. MnDOT or its designee will have maintenance responsibility, including any related operational liabilities to the extent authorized by law, for roadway Segments#1 and#3 for the Maintenance Period as defined above. 5.4. Washington County will not be responsible for any maintenance or any related operational liabilities to the extent authorized by law within Segments#1 and#3 upon completion of construction. 6. Responsibility for Claims MnDOT will remain responsible,to the extent authorized by Minnesota Statutes §3.736 and other applicable law, for claims related to construction, maintenance, and operation of the Roadway Segments during the period when it is under MnDOT control, even if such claims are filed after the City receives the Notice of Release. Subject to the provisions of Minn. Stat. 466.04 the City will be responsible for claims arising out of its own construction,maintenance, or operations of the Roadway Segments after it has received the Notice of Release and fully assumed maintenance responsibility. Page 75 of 86 7. General Provisions 7.1. Venue. Venue for all legal proceedings out of this Agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 7.2. Termination. This Agreement may be terminated only by mutual written agreement of the parties. 7.3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, such provision will not affect the validity or enforceability of any other provision of this Agreement, which will remain in force and effect. 7.4. Merger. This Agreement contains all prior negotiations and agreements between MnDOT,the County and the City. No other understanding regarding this Agreement, whether written or oral,may be used to bind either party. 7.5. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by all of the same parties who executed and approved this Agreement, or their successors in office. 7.6. Government Data. This Agreement,and any data exchanged by the parties pursuant to this Agreement, will be"goverment data" and subject to the requirements of the Minnesota Goverment Data Practices Act, Minnesota Statutes Chapter 13. 7.7. State Audits. The books, records, documents,and accounting practices and procedures of the City, County and MnDOT relevant to this Agreement are subject to examination by the parties, including any agent or representative of a party and the State Auditor or Legislative Auditor, for a minimum of six years. 8. Additional Provisions 8.1. Right-of-way release limits are preliminarily as shown in Exhibit B, 8.2. MnDOT and the County have transportation easements for the north frontage road properties and do not own the underlying fee title. MnDOT and the County each represent that their respective property rights are transferable and effective for the purpose of creating a frontage road and city street complete with all customary rights of way and rights to place municipal and related utilities. 8.3. Necessary lands have been secured by the County to allow for Segment#3 to be constructed as shown in the Project Plan. No part of this expense shall be the direct or indirect obligation of the City. Should a conflict arise where the property interest(s)to be transferred to the City are not suitable for City roadway purposes under this Agreement, the County shall promptly correct any and all defects at its sole expense.Multiple segments of temporary easements will be required to be purchased to facilitate the construction of the project as shown in the Project Plan by the County and/or State the of MN as well and a new access to Oren Avenue from the Fury Motors North Lot that lies north of the proposed new frontage road alignment. No part of this expense shall be the direct or indirect obligation of the City of Oak Park Heights. 8.4. Necessary lands have been secured by the City to allow for Segment#3 to be constructed as shown in the Project Plan(Westbury Property). No part of this expense shall be the direct or indirect obligation of the County. 8.5. Any required private access or other property owner accommodations provided to or on behalf of the CARQUEST building/site(or for any other lands impacted by this Project) shall be entirely the cost of The State of MN and/or the County. Any liabilities for"takings" or other Page 76 of 86 condemnation actions as a result of the implementation of this Plan shall be fully defended and/or paid by the State of MN and/or the County. 8.6. Recording of the conveyance documents from the County and MnDOT and any costs associated with that process will be the City's responsibility; MnDOT and the County shall at their expense review and approve, any such documents as the City Attorney believes are necessary for recording purposes. MnDOT will sign such documents subject to the approval of MnDOT's Director of Land Management and the County will sign such documents subject to the approval of the County's Surveyor. MnDOT and the County shall deliver documents in recordable form to the City as needed for this project. Once requested, signatures of MnDOT or the County may not be unreasonably conditioned,withheld or delayed. 8.7. The roadways segments shown in Exhibit A are served by downstream storm water infrastructure owned and maintained by MnDOT. Segments 1, 2 &3 shall remain tributary to those existing storm water systems and the City shall have the continued right to discharge existing surface waters thereto. 8.8. Once the roadways(Segments 1 and 3)are constructed the County may not close the left-turn in lane (from northbound Osgood Ave)to the new frontage roadway(westbound)nor restrict nor alter any other access to such roadway without the written consent of the City. Representatives of the City and County have met on several occasions to consider current and future access locations to the segment of Osgood Avenue, from TH 36 to Orleans Street. Exhibit C identifies the other planned future major access locations for this segment of Osgood Avenue, including the type of movements that are anticipated to be accommodated at those locations. Exhibit C is attached hereto and incorporated by reference herein. All other access points to Osgood Ave. shall be subject to restriction as the County deems necessary pursuant to established law. The County discoura,,cs new direct private access to Osgood Avenue. Access to private property should be provided by the local road network whenever reasonably possible. 8.9. MnDOT has developed the plans and specifications for the Segment#3 construction. The City and County have each reviewed the plans and specifications and with their signatures on the plans cover sheet have approved the construction plan and specifications currently being advertised to prospective contractors. The County will control and manage the construction work of this project.The plan set to be constructed were last signed and dated by the Project Design Engineer dated: and are incorporated herein by reference. The County shall provide a final plan set demonstrating any and all changes since such signatures were provided prior to the final execution of this Agreement. 8.10. Upon completion the County will secure and provide to the City final and correct"as built" drawings and record plans from its contractor for the new frontage road(segments I & 3) and in the "AutoCAD"format as required by the City Engineer. 8.11. The north frontage road at Osgood Ave is designed to accommodate a future traffic signal. No material alterations to the design of the north frontage road(Segments 1 & 3)may be made without the written consent of the City and the County. 8.12. The City will be replacing the water main in Oren Ave. at its sole expense,but all final land reclamation and roadway reconstruction, beyond water main trench re-filling within Segment #3 construction area, shall be the responsibility of MnDOT and/or Washington County as addressed with the frontage road realignment project. The City shall ensure proper compaction Page 77 of 86 for backfill of trenching or any other excavations. Settlement of the water-main trench or any other excavations related to city work,and any costs that may arise due to poor compaction, will be the responsibility of the City. 8.13. During the construction of Segment#3 the City may at its discretion and cost inspect the construction work, attend construction meetings and review all change orders. The city's comments will be reviewed by the County. The County shall not materially deviate from the approved plans without the written consent of the City which shall not be unreasonably withheld by the City. The County will have authority over any issues that impact their execution of the construction and administration of the Segment #3 construction. The County will notify the City of any Change Orders that may be proposed. 8.14. MnDOT and the County will convey all their respective property rights in Segments#1 & #3 to the City. Both the MnDOT and County have easement rights and not the underlying fee. If underlying fee does exist, such interests shall also be frilly released to the City at no cost. The City required MnDOT and County property interests will be conveyed to the City within approximately two years of final signature of this Agreement. A clause will be included in MnDOT's conveyance that allows existing utilities to remain in the Segment#1 turn back area, including any existing MnDOT-owned utilities. Any easements or other property interests accepted by the City under this Agreement shall be wholly and completely released by the State of Minnesota and the County to the City without restriction.There are no reservations or rights expressed or implied being preserved by the State of MN and/or any other party from this Agreement or any other prior agreement or contract. 8.15. MnDOT and the County shall ensure that all real property interests to be conveyed to the City under this Agreement are free of all public or private encumbrances except those belonging to the City and except for existing utilities authorized to remain in place pursuant to Article 8.14. Should there be errors or defects in such conveyances to the City by MnDOT, then MnDOT shall be required to correct such deficiencies. Should there be errors or defects in such conveyances to the City by the County, than the County shall be required to correct such deficiencies. MnDOT will provide the City NN ith title information in MnDOT's possession and reasonably requested by the City. If the City identities any title issues or concerns prior to the conveyance, the City will give MnDOT and the County prompt notice of such issues or concerns. Neither the County nor the State will be required to correct deficiencies if those deficiencies have been remedied by the City obtaining prescriptive rights pursuant to Minnesota. law. Both MnDot and the County will indemnify and defend the City from any and all title claims asserted by any persons or entities claiming adverse rights that impair or impede the City's right to locate, maintain or replace a street right of way for public transportation and municipal utility placement and utilization. 8.16. Once the roadway has been placed under the jurisdiction of the City, the City will be the exclusive permitting and regulatory authority for the roadway(segments 1 & 3)conveyed to the City and retain full control over any/all utility locations,use, closures, easements,weight restrictions and fixture modifications. 8.17. The City and the County will not maintain any facilities that serve a private function, regardless of location; this includes the stairway to"Fury's upper lot" and any storm sewers that serve only a private function, without a separate agreement approved by the City and/or the County. This does not include the retaining wall that is part of the Segment 43 roadway and which will be the City's responsibility. While under State or County jurisdiction or control, unless expressly and Page 78 of 86 separately approved by the City in writing, the State and the County must ensure that all private facilities to be constructed shall not be located on lands to be conveyed to the City. 8.18. Washington County may close or restrict any access points to Osgood Avenue, lying south of STH 36, as it deems necessary and pursuant to established law. Prior to any such closures, the City and area property owners shall be provided with reasonable and timely public review of county plans, including an opportunity to comment on the proposal(s)and provide input. 8.19. There shall not be any street lighting(illumination) installed as part of this Project; if any street lighting is requested or required by any entity, the requesting party shall pay for the installation and pay for all required maintenance and electricity costs to operate .There shall not be any plantings, trees or any other organic or inorganic ornamental elements of this Project. All facilities shall be of highly durable,low-maintenance construction. If any such plantings or ornamental items are requested or required by any entity, the requesting party shall pay for the installation and pay for all future required maintenance and care at their own expense. 8.20. Should the City execute the water main work as generally outlined in this Agreement and the State and/or the County not promptly and in good faith undertake the subsequent Oren Ave and Segment##3 contract by July 15th, 2015,MnDOT shall, within 60 calendar days of receiving written notice from the City, restore the Oren Ave surface and drainage elements to a condition at least equivalent to its condition prior to the installation of the water main. THE BALANCE OF THIS PAGE HAS BEEN LEFT BLANK Page 79 of 86 CITY OF OAK PARK HEIGHTS DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully executed this contract on behalf of the Recommended for Approval: Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: Date: WASHINGTON COUNTY COMMISSIONER OF ADMINISTRATION The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (With delegated authority) By: Date: Title: Date: By: Title: Page 80 of 86 Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Page 81 of 86 s � x r c]*r RaurPlAr ., , 4 SI[iLi1hR Ou viWi tiGIGx TS � ' 5� mu4_ a$5s ' R%�=LIYIf3 A pp. y I W/fElf�145FU1LNE. � �. �r3�*4aUfUNE T 36 5 F° J NORTH FRONTAGE ROAD REALIGNMENT EXHIBIT B SEH SA U14-179 f � I tlC� 6 1Y7 1I 1 iL e y 4 4 1 I I r z D 4 r !l4j4i( i. i TH 36 NORTH FRONTAGE ROAD REALIGNMENT EXHIBIT A S.P.9214-178 Page 82 of 86 Exhibit C 4w Access Locations It Wa y y " m d, 3 � ter, 14r :�"t VAT "�..� J k•�� , Pte` u�.M� 9.I � � S` +,�' � '�'���. +�� ' x rvw Hwv '6 - North Froiit�i LTc Road Project C Page 83 of 86 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 84 of 86 Oak Park Heights Request for Council Action Meeting Date: May 26", 2015 Time Required: 5 min Agenda Item Title: Tobacco Compliance Violation - Walgreens Agenda Placement: New Business Originating DepartmentfRequestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature 1— --_ Action Requested: Schedule Hearing to Show Cause - Walgreens Background/Justification: On April 22, 2015 the Oak Park Heights Police Dept. conducted routine tobacco compliance checks on all vendors licensed within the city of Oak Park Heights, MN. During the compliance check an officer of the OPH P.D. was assisted by a less than 18 year old volunteer. The volunteer entered the business of Walgreens asking the store clerk for a pack of cigarettes. The clerk asked for identification. The clerk completed the sale of a pack of cigarettes. The under 18 year old volunteer completed the transaction using US Currency that was provided by the OPH P.D. The OPH P.D. Officer then returned immediately to the store and advised the store manager and the clerk of the offense. The clerk is being charged criminally under MNSS 609.685.1A - ls` violation misdemeanor offense. The merchant Walgreens has had previous violations however; no violations apply to the look back period of 24 months in compliance with city resolution. In conformance with OPH Resolution 01-02- 13, 1 recommend the council schedule a Hearing to Show Cause on June 9t', 2015 with the purpose of reviewing the incident for imposition of a$500 sanction. Page 85 of 86 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA IN RE: LICENSE # 15-07T TO SELL TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED DEVICES ORDER TO SHOW CAUSE TO: Walgreens Co.,6061 Osgood Ave No.,Oak Park Heights,iblN 55082 At the direction of the City Council for the City of Oak Park Heights, it is hereby ordered that you,or your representatives, appear before the City Council of the City of Oak Park Heights at 7:00 p.m. on June 9"', 2015 at the City Municipal Building located at 14168 Oak Park Boulevard No., Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any you have, why an order should not be issued by the City Council for the City of Oak Park Heights imposing fines, limiting, suspending or revoking your 2015 (and future) License to sell Tobacco, Tobacco products or Tobacco Related Products as had been previously issued by the City of Oak Park Heights to Walgreen Co. Specifically, you should show cause why your license as referenced above should not be suspended, revoked or other sanctions imposed by the City of Oak Park Heights as a result of illegal sales of tobacco to a minor as occurred on your premises on April 22,2015. Dated this 26'j'day of May,2015 BY ORDER OF THE CITY COUNCIL. Brian DeRosier Chief of Police Page 86 of 86