HomeMy WebLinkAbout09-27-2011 CCMPCITY OF
LAKE
ELMO ;
City of Lake Elmo
3800 Laverne Avenue North / Lake Elmo, MN 55042
City of Lake Elmo
Special City Council Meeting
3800 Laverne Avenue North
Lake Elmo, MN 55042
September 27, 2011
7:30 p.m.
Agenda
Update on Establishment of a Municipal Library — Discussion/Action
2. City Administrator Vacancy — Discussion/Action
651/777-5510
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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
October 15th 2010
TO: Oak Park Heights Business Community
FROM: The City Council of the City Oak Park Heights
RE: Communication to City Businesses - STH 36 / St. Croix River
Crossing Project — Current Position of City of Oak Park
Heights.
In recent weeks, there have been announcements from the Minnesota Department of
Transportation (MNDOT) that they intend to proceed with construction of the St. Croix
River Bridge Project possibly as early as 2013. Notwithstanding the current State
projected shortfalls in funding and the Sierra Club litigation in Federal Court on the
matter, it is an appropriate time for the City of Oak Park Heights' to communicate with its
business community, as well as others, regarding the City's position on the proposed St,
Croix River Crossing and STH 36 updates.
Fundamentally, the City is in agreement with many public and private agencies that the
current bridge facility should be replaced, This need stems from several elements, but is
mainly from traffic volumes, poorly maintained frontage roads and intersections on
highways and approaches, inadequacies of the Stillwater Lift Bridge and related issues.
Construction Impacts and Costs:
Despite these facts, the City of Oak Park Heights is being asked and expected to
withstand and bear the primary and consequential burdens associated with these
proposed improvements including the placement of the actual bridge within the City,
10-15-10 - SCRCP - OPH City Council Position Letter 1 of 4
removal and relocation of significant City water, sanitary and storm -water infrastructure
as well as being expected to shoulder the maintenance of significant trail and right—of-
way improvements upon completion of the.Project. These burdens are in addition to the
lost tax -base already incurred by the City stemming from the removal of over 65 homes
and several businesses as well as an anticipated 5 years of construction disruption and
lost tax base anticipated from the multi -year construction timeline,
Naturally, the City of Oak Park Heights, its business community and residents have a
vested interest to ensure that this Project is as minimally invasive as possible and does
not place unreasonable and unfair burdens on City businesses, residents and other local
taxpayers to support this Interstate, Regional improvement project. Unfortunately,
MNDOT will not commit to funding mechanisms to offset local losses for these
improvements which would avoid and alleviate significant financial consequences to the
City and its taxpayers.
As an example of this, MNDOT's 2006 engineering estimates place the needed local
Oak Park Heights utility relocations at $137 million dollars, (not including land
acquisition), for which MNDOT has yet to provide a full financial commitment to the City
that covers such costs.
In addition to these utility costs, MNDOT also expects the City to pay for, maintain and
manage over 5,000 linear feet of public trail -ways, maintain several roadway plantings
and green spaces as well as pay for and maintain several traffic control lights. Again,
none of these costs can or should be borne by a City of less than five -thousand persons
for a Regional, Interstate project.
The most recently proposed layout could result in the creation of a number of non-
conforming lots along the City's commercial corridor east of Oakgreen Ave. Under this
proposal, the Project limits could create numerous building setback non -conformities
and/or could eliminate needed access and parking effectively causing impairment to the
affected businesses, thus adding another fiscal burden to the City due to lost tax base
and jobs,
10-15-10 - SCRCP - OPH City Council Position Letter 2 of 4
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Other impacts yet b> be addressed are related to the provision ofadequate measures
from k8N[}OTtoprotect property owners from construction damages. Specifically, this
project which will be ongoing for years will require a nnoonine movement of earth as well
aothe placement nfsignificant pilings and construction vibration as well as traffic
disruption to local area businesses and homes. K8NDOT has even yet to provide a
proposal on how the City will provide adequate fire protection services to its residents
during such construction, as the Bayport Fire Department will no longer be able to
access portions nf the City without significant delay.
K0um]cioa|Consent:
MNDOThas publicly stated that the City ofOak Park Heights haspnvidedMunicipai
Consent for the Project in1995 and no further dealings are needed with the City. This is
on unfortunate position as IVINO[}T must construct the Project that was specifically tied
to that 1996 Municipal Consent. That 1895 plan did not include o bridge adBeach Flomd`
did include onorth frontage road east ofOsgood Ave and was aproject inYvhioh
k8NClOT committed to paying the Qb/s utility relocation costs, In addiUon, much has
changed in the corridor since 1985 that coUaos difficulties with this p|an, including
placing the frontage roadways less than 28feet from residences that were not \n
existence in 1995. Moreover. K4NO(}T has not yet provided construction plans and
specifications.
The City has made repeatedefforts toengage MNQOTover the years onthese
issues. Unfortunately, meetings have been less than productive; hampered by
parade of ever changing project managers, litigation over violations of written
commitments on Municipal Consent resulting in Court enforcement proceedings;
all ofwhich has only served todissipate the public trust imgovernment aawell as
tax dollars.
We would ask that our adjoining nonlnnVOibes and common organizations take m step
away from the bridge debate and f0CUS on how State government should be dealing with
local government on issues of this magnitude. Also take a moment to consider the
significant impacts \othe businesses and residents in Oak Park Heights and understand
positions the City has been required to assume to prevent such burdens, The City of
0-1 � - SCRCP - OPH City Council Position Letter 3 of 4
some local cost contributions, but these contributions must be reasonable and
proportioned for a community of less than five -thousand persons as against those who
will actually and substantially benefit from the Project.
MNDOT has been dealing with projects of this magnitude long enough to know that
utilities need to be moved and replaced as a part of the Project and that they need to be
responsible for mitigating community impacts. In fairness, we do note that MNDOT has
found creative methods to fund other aspects of the Project including, private
improvements for Xcel Energy — removing 'mooring cells', resurrecting presumptively
"historic structures" and building out recreational elements to the Project. Unfortunately
MNDOT has been unwilling to be as helpful or creative in dealing with Oak Park Heights'
basic public infrastructure loss and disruption. The Minnesota Department of
Transportation must ensure that the City of Oak Park Heights does not bear an
unreasonable and untenable burden for this Project.
As we are apparently now entering into another stage of MNDOT plan submissions,
please know that Oak Park Heights is hopeful for a successful community conclusion to
this Project and will continue to make reasoned efforts towards that goal. We again ask
that you understand these fundamental issues the City is facing with MNDOT. If you or
your organization is able to assist the City in any way in alleviating these unreasonable
expectations it would be appreciated. The City will conversely continue to work towards
solutions so the Project will also be a success for the Oak Park Heights Business
Community and City Taxpayers.
Finally, as many are aware, MNDOT and the Sierra Club are engaged in a lawsuit in the
Federal Court to again compel judicial review of the Bridge Project. Please know that the
City of Oak Park Heights is not involved with this lawsuit.
The City does thank you for your support and understanding.
This Communication Approved and Adopted By City Council, Oct 12m, 2010
Please contact City Administrator Eric Johnson if you have any questions - 651-439-4439.
10-15-10 - SCRCP OPH City Council Position Letter 4 of 4