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HomeMy WebLinkAbout08-25-15 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 25, 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 7:02 p.m. IL Summary Report of City Council Closed Session on July 28, 2015 7:05 p.m. III. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg. 3) 7:10 p.m. IV. Visitors/Public Comment A. Fireworks Permits Request and Event on 9-11-15 Ponies Football Game (pg. 7) 7:15 p.m. V. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—July 28, 2015 (pg. 15) C. Approve City Council Minutes—July 28, 2015 (pg. 11) D. Approve Spring and Fall Clean-up Dates (pg. 19) E. Approve Resolution Accepting Donations for 2015 Party in the Park (pg. 25) F. Appoint Mr. James Norton to City Park Commission (pg. 21) G. Approve Traffic Control Signal Maintenance Agreement with Washington County — Stillwater Blvd(Hwy 5) and 58th Street (pg. 29) H. Approve NFR Agreement—Amendment 91 —Landscaping Additions (pg. 51) I. Approve Developer's Agreement— Oakgreen Villa(Green Twig/Nolde) Phase IV —62 Unit(pg. 57) J. Approve Authorizing the Issuance, Sale, and Delivery of a Multi-Family Housing Revenue Note Under Minnesota Statutes, Chapter 462C, Authorizing the Loan of the Proceeds of the Revenue Note to Green Twig Villas LLP and Approving the Form of and Authorizing the Execution and Delivery of the Note and Related Documents (pg. 79) K. Approve Purchase of Laserfiche Server(pg. 89) L. Authorize Staff to Contract for Water Tower Cleaning (pg. 93) 7:20 p.m. VI. Public Hearings None 7:20 p.m. VII. Old Business A. St. Croix River Crossing Project Update (no enclosure) Page 1 of 186 Agenda August 25,2015 Page 2 B. Street Reconstruction Update (no enclosure) 7:30 p.m. VIII. New Business A. L. Clark—Range 82 Indoor Shooting— Subdivision of Property; Design Standards and Site Plan Review(pg. 111) B. Consider Xcel Energy— 5' Gas Easement Request(pg. 161) C. Alcohol Compliance Violation— SuperAmerica, Neal Ave Location (pg. 173) D. Alcohol Compliance Violation—Chipotle (pg. 177) E. Consider Providing a Written Communication to MNDOT—Requesting Improved Signage and Surface Markings— South Frontage Road and Osgood Ave (pg. 181) F. Set Date, Time, and Location for 2016 Party in the Park(pg. 183) G. City Council Meeting Dates—2016 (pg. 185) 7:55 p.m. IX. Other Council Items or Announcements 8:00 P.M. X. Adjournment Page 2 of 186 .P,. - Oak Park Heights Request for Council Action Meeting Date August 25, 2015 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Ad inistration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 186 t. City of y=Y oak Park Hei hts 14168 Oak Park Blvd, No Box 2007*Oak Park Heights,MN 55082.Phone(651)439-4439.Fax(651)439-0574 August 20, 2015 Timothy and Suzanne Becker 14249 55' Street North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Becker: 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, August 6, 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! r Jennifer Pinski Deputy Clerk TREE CITY U.S.A. Page 4 of 186 City of Oak Park Hei hts 14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439.Fax(651)439-0574 August 20, 2015 Daniel and Sara Lantz 13767 551h Street North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Lantz: 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, August 20, 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. Page 5 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 6 of 186 Oak Park Heights Request for Council Action Meeting Date August 25a', 2015 Time Required: 5 Minutes Agenda Item Title: Fireworks Permits Re e and Event on 9-t 1-15 Ponies Football Game Agenda Placement Visitor's d P 'c /bmment Originating D►epartmen Vequ�eto o so Administrator Requester's Signature Action Requested See Bel/o/ Background/Justification lease indicate if any previous action has been taken or if other public bodies have advised): Late Friday afternoon the City received the enclosed letters(3)from the Ponies Touchdown Club and the ISD#834 Athletic Director Ricky Michael requesting permission to hold a small fireworks display at the 9/11/15 Ponies Football Game. These parties may desire to make a presentation at your 8/25/15 City Council Meeting as to the scope and content of the event and its background as discussed in the communications. From a permitting standpoint,the City does not have a form for FIREWORKS displays; however the City has issued Prairie Burn Permits in the past and would believe these would be similar in scope. A draft permit is enclosed and would need to be complied with by the School District—who is the Pronerty owner.The Permit requires basic security on cost reimbursements, safety and the contracting of a firm dedicated to this type of work and final sign off by the Fire Chief. . Page 7 of 186 - Ponies Touchdown Club Stillwater Area High School Football Est. 2012 21 August 2015 Hon. Mary McComber Mayor, City of Oak Park Heights,- and Members of the City Council 14168 Oak Park Blvd N Oak Park Heights, MN 55082 Via email: eoiohnson Co)cityofoakporkheights.com Dear Mayor McComber and City Councilmembers, The Ponies Touchdown Club, with assistance from the St. Croix Valley Athletic Association,the Stillwater School District and the Ponies varsity football program, is planning a significant recognition event for our community's first responders, in conjunction with Patriot Day,September 11. On this day the Ponies will play the East Ridge Raptors, and we will have pre-game, half-time and post- game events to recognize and honor the sheriffs deputies, police,firefighters and ambulance staff that serve every community in the Stillwater School District. As the high school is located in Oak Park Heights,the Bayport Fire Department and Chief Eisinger are overseeing all activities with the first responder departments. Before the game, we will have first responder vehicles and staff on hand for community members to see and visit. Since this game is also St. Croix VAA recognition night,we expect to have on hand many players from grades three through eight, as well as their families. Prior to the national anthem,the first responders will be escorted on to the field by the Washington County Sheriff's Office Honor Guard and the Mounted Patrol. Before the kickoff,the first responders will join their families at reserved seating in the Home stands, at the 50-yard line. As we considered ways to provide an appropriate finish to our celebration and recognition, we came to the idea of having a brief fireworks display that would be enjoyed by the Ponies fans and the VAA kids. We have secured the support of the School District to host the fireworks at the practice fields east of Ponies Stadium, and Chief Eisinger assures us that the Bayport Fire Department will oversee the operation to ensure appropriate safety procedures are in place. Page 8 of 186 With this letter, we ask that you provide any necessary city permits, support and funding for the Bayport Fire Department to allow this to happen. We believe that the event we have planned will be very good; fireworks as a finale would make it great! Thank you for your consideration of our request. Members of the Ponies Touchdown Club Board will be on-hand at your council meeting on Tuesday to answer any questions you may have. Sincerely, Eric Olson President, Ponies Touchdown Club CC: Eric Johnson, City Administrator, City of Oak Park Heights Allan Eisinger, Chief, Bayport Fire Department Ricky Michel, Athletic Director, Stillwater Area School District Beau LaBore, Head Football Coach, Stillwater Ponies Michael Wilhelm!, Board Member, Ponies Touchdown Club Page 9 of 186 21 August 2015 Hon. Mary McComber Mayor, City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights, MN 55082 Dear Mayor McComber, On September 11, 2015, the Ponies varsity football team will play a home game against East Ridge of Woodbury. While the game itself will be one of the most important games in the Ponies' season, I'm writing today to ask for the city's help in making the game truly special. The Ponies Touchdown Club is working with the Stillwater School District to honor all of the first responders who serve the citizens of our school district. The Bayport Fire Department is coordinating the recognition events for the first responders' community, and we understand that displays of fire, ambulance and police&sheriff's vehicles and staff are planned. First responders from all departments will come on to the field before kickoff to be recognized by Ponies fans, and special seating for the game will be set aside for the first responders and their families. To truly make this a special event,the Ponies Touchdown Club has asked our approval for a short, three- to-five minute fireworks display at the conclusion of the game. The Stillwater School District is willing to host the fireworks on the practice fields immediately behind the visitors' seating,on the condition that the City of Oak Park Heights is willing to issue any required permits, and that the Bayport Fire Department will oversee the display. We understand that the Bayport Fire Department is willing to do this for the game, and are already working to ensure that the fireworks can be presented safely. Also,this game is a recognition night for the youth football players in the St. Croix Valley Athletic Association,so youth players in grades three through eight will be attending with their families. A fireworks display would be a perfect capstone to the festivities. September 11 will be the 14,1,anniversary of a horrible tragedy. But from this tragedy came an improved understanding for the work that first responders do in every community in our country. We're proud to do our part in recognizing Patriot Day, and hope that the City of Oak Park Heights can be our partner in this event, Thank you, and please don't hesitate to have your staff contact me directly with any questions you may have. Sincerely, i y Mic Athletic C ordinator, Stillwater Area Public Schools CC: Eric Olson, President, Ponies Touchdown Club Page 10 of 186 Eric Johnson,Administrator, City of Oak Park Heights Michael Wilheimi, Board Member, Ponies Touchdown Club Page 11 of 186 Ponies Touchdown Club Stillwater Area High School Football Est. 2012 30 June 2014 First Responding Agencies within Stillwater Area School District To Whom It May Concern, As every American knows,September 11, 2001,was a calamitous day in our nation's history. Two thousand, nine hundred and seventy seven people were killed in the worst terrorist attack in U.S. history. Included in this number are New York City's finest and bravest first responders: 343 firefighters and 60 police officers. These men and women went to work like any other day, and gave their lives while saving countless others during an unimaginable disaster. We Americans must never forget their sacrifice. We members of the Ponies Touchdown Club believe that the best way to honor their memory—on Patriot Day—is to celebrate the service of the first responders in our own community. This year, on September 11`h,the Stillwater Area High School football team is playing a home game against East Ridge of Woodbury. The Ponies Touchdown Club, in coordination with the School District and the Pony Football program, is organizing pregame, half-time and post-game celebration activities to honor our first responders. On behalf of the Ponies Touchdown Club,we would like to ask the Bayport Fire department to help us organize the participation of all of the police and fire departments that serve our school district. The Stillwater Area School District serves the following communities: Afton, Bayport, Baytown Township, Grant, Hugo, Lake Elmo, Lakeland, Lakeland Shores, Lake St. Croix Beach, Marine on St. Croix, May Township, Oak Park Heights, St. Mary's Point, Stillwater, Stillwater Township, West Lakeland Township, Withrow and Woodbury. Also,we wish for the Washington County Sherriff's Department to participate. We hope to have at least one representative from each department, but our invitation is for any first responder who wishes to come and be recognized. First Responders in uniform will receive a free ticket to the game, and they and their immediate families will have designated, reserved seating in the stands. For this event, our Point of Contact is Michael Wilhelmi, a member of the Ponies Touchdown Club Board of Directors. He can be reached at mike @wilhelmi.mn and (651) 214-8075. We believe the best way to Page 12 of 186 proceed is to have you and he and a staff person at the School District work together to plan the evening's events. Please let Michael and me know of your department's interest and availability as soon as possible, as there is a lot of work to be done to prepare the type of recognition that we're planning. Sincerely, Eric Olson President, Pony Touchdown Club eolson_whorwitzinc.com cc: Allen Eisenger, Fire Chief, Bayport Fire Department Michael Wilhelmi, PTC Board of Directors Page 13 of 186 City of oak Park Heights 14168 Oak Park Blvd. N•Box 2007•flak Park Heights.MN 55082• Phone(651)439-4439• Pax(65 1)439-0574 August 21,2015 TO: Mr.Ricky Martin,Athletic Coordinator Stillwater Area High School Representing ISD##834—(the Applicant—SUfMater Area Schools—Property Owner) FROM: Eric Johnson,City Administrator RE: Proposed Fireworks Display to be held 9-11-15 The City is in receipt of the request to perform a short display of aerial fireworks in certain areas of the High School Campus on 9-11-15 in conjunction with an evening football game and other ceremonies—see the attached letters dated August 21,",2015.The City does hereby not have any material objections to the proposal and will issue a permit for such event subject to the following conditions. CONDITIONS: 1. All ISD 834 Staff and their agents responsible for this event must utilize best judgment to ensurpAAmost safety and care. i,. 2. Best Management Practices and other applicable industry standards shall be followed by the rd their staff and contracted staff. �r 3. ISD 834 will be responsible to reimburse the City for costs incurred related to any actual emergency activities 4t u@p3rssion,rescue, etc)stemming from this event. 4. ISD 834 MUST notify the Fire Chief,Al Eisinger-651-360-2101 not less than 24 hours prior to any actual event activities and reform him of your anticipated actions.The Fire Chief may revoke or suspend this permit at any time as he deems reasonable. 5. ISD 834 MUST reasonably notify adjacent residences,in advance,about the event and what safety measures are in place and what to expect in general about the project. 6, ISD 834 is responsible to reimburse the City for any and all collateral damages that may occur to 04 property due to your activities, including all administrative and legal fees necessary to collect such dollars. 7. The City requires that a fine duly licensed and trained to execute this event be engaged and placed in sole command of such display and its execution. By signing below,the ISD 834 agree to the items as stated(1-7)and hold the City harmless from any and all liability resulting from these activities. Once 4 have from you this signed copy,in original format and signed by Fire Chief,the City issue the final permit and which will be this document fully signed below by the City and its related attachments. Authorized Signature for Stillwater Area School District(Owner) Notary Public,Name and Seal 4 Authorized Signature for Bayport Fire Department—Al Eisinger,Chief Notary Public,Name and Seal 4 Permit Approved when signed by. Eric Johnson,City Administrator (NOT VALID UNTIL SIGNED) For City-Notary Public,Name and Seal Cc: Al Eisinger,Fire Chief,Bayport Fire Department Denise PontreA,ISD 834—Superintendent-via email:pontrellid @stiltwatersehools.org Page 14 of 186 Oak Park Heights Request for CouncH Action Meeting Date August 25, 2015 Agenda Item Approve City Council Work-session Motes—July 28, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature _J Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 15 of 186 0 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,JULY 28, 2015 AT 5:30 P.M. Present: Mayor McComber, Councilmember Swenson, Councilmember Dougherty, Councilmember Runk, City Administrator Johnson, City Attorney Vierling, Police Chief DeRosier,Public Works Director Kegley, Finance Director Caruso, and Deputy Clerk Pinski. Absent: Councilmember Liljegren. 1. Call to Order. Mayor McComber called the meeting to order at 5:30 p.m. 2. 2016 Proposed Budget: Finance Director Caruso reported that the proposed budget was an increase of 3.79 percent over 2015. Chief DeRosier explained the increases from 2015 in the police budget. Public Works Director Kegley reviewed the street maintenance, snow removal, arborist, and parks budgets. He stated they may have to increase the lawn mowing line item by $10,000 for the new trail system. He reviewed the water utility expenditures, the sewer utility expenditures, and the storm utility fund expenditures. He also reviewed the budgeted projects requests for the Public Works Department. Councilmember Swenson suggested it may be a good time to do an independent population survey. Finance Director Caruso stated she would put $11,000 in the budget for the study. Kegley reported he received a quote for approximately$700,000 for meter replacements, and suggested it was time to start a meter replacement fund. Caruso reviewed the general fund revenues, the mayor and council expenditures, and the planning, assessing, insurance, engineering, building inspection, fire, civil defense, sanitation, and contingencies budgets. She suggested putting the training and conferences budgets back to 2015 numbers due to the local locations for the conferences. Mayor McComber suggested combining the 2016 calendar with the fourth quarter newsletter. Caruso reviewed the administration, legal, general management, finance, and computer budgets. Councilmember Runk suggested$5,000 be budgeted for the City's promotion of the St. Croix River Crossing project. Mayor McComber suggested using $3,100 from the training budget. Caruso stated she would add it as a city recognition line item. Caruso reviewed the increases to transfers out. McComber suggested that the replacement of park buildings transfer may be too high. Caruso stated she would review the plan for that fund. Runk asked Caruso the cost for the City to pay the CEC charge and suggested maybe having a policy that the City would bill residents the difference in price for a trash container over 65 gallons to encourage residents to recycle more. McComber suggested adding that discussion to the strategic planning meeting. Caruso reviewed the remaining budgeted projects. McComber stated she received a request from Summer Park Programming Coordinator Zeuli for a salary increase. Caruso stated she would add $500 for Zeuli and$500 for staff. McComber stated she also requested money in the budget for Page 16 of 186 the Regional Mayor Association membership fee and the Minnesota Association of Small Cities membership fee. No action taken. 3. Discuss Possible Communication to Residents Regarding St. Croix River Crossing Project Testing: Councilmember Dougherty reported that approximately 300 properties were tested and requested the City send a letter to those residents. Councilmember Runk suggested putting that item on the City Council Agenda for July 28 approval. No action taken. 4. STANTEC Street Reconstruction Agreements—Addendum #2 and STANTEC Damages Request: Councilmember Swenson and Mayor McComber suggested offering one-third of the $93,000 received. No action taken. S. Body Worn Cameras: Police Chief DeRosier reported he was in favor of body wom cameras for the police officers. He stated it was an officer safety and protection issue. Mayor McComber suggested using donation and forfeiture funds for the purchase of the equipment and then adding a line item to the budget for future maintenance. DeRosier stated the downside was data practices requests, but the City could charge a fee for producing those records. No action taken. 6. Adjourn: The meeting was adjourned at 7:06 p.m. Page 17 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 18 of 186 ;. Gah Park Heights Request for Council Action Meeting Date August 25, 2015 Agenda Item Appro ,e City Council Minutes—July 28, 20115 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 19 of 186 CITY OF OAK PARK HEIGHTS TUESDAY, JULY 281) 2015 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:10 p.m. Present: Councilmembers Dougherty, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Public Works Director Kegley, Police Chief DeRosier, City Planner Richards, and City Engineer Mlejnek. Absent: Councilmember Liljegren. Mayor McComber added "Send Letters to Residents Regarding St. Croix River Crossing Project Testing" as Consent Agenda Item I., "Send Letters to Senators Klobuchar and Franken in Support of Wicker-Booker Amendment for Transportation" as Consent Agenda Item J., and "Approve Ragnar Relay" as Consent Agenda Item K. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Agenda as amended. Carried 4-0. Il. Council/Staff Reports: A. Mayor McComber: She reported that the Oak Park Crossing Park ribbon cutting was July 20; the next Parks Commission meeting was set for August 17 at City Hall at 7:00 p.m.; she attended a transportation meeting for Metro Cities and an Improving Local Economies meeting for League of Minnesota Cities; and she met with the mayor of Stillwater on July 28. B. Councilmember Dougherty No report. C. Councilmember Liljegren: Absent. D. Councilmember Runk: He reported he met with a business owner and was infonned that they were seeing an uptick in interest in leasing of business property in the City which he thought was a good sign for the City. E. Councilmember Swenson: No report. F. Staff.. Mayor McComber reported that Party in the Park was set for Tuesday, August 4 at 4:30 p.m. at Brekke Park. Deputy Clerk Pinski reported that Gary Stearns of 5676 Oakgreen Avenue North and Jason Ous of 14190 57th Street North were chosen: as the recycling award winners for the month of July. III. Visitors/Public Comment: None IV. Consent Agenda: Page 20 of 186 City Council Meeting Minutes July 28, 2015 Page 2 of 3 A. Approve Bills & Investments B. Approve City Council Minutes—June 23, 2015 C. Award 2015 Trail Routing and Crack Seal to Fahrner Asphalt D. Award August 2015 Tree Planting to Hoffman and McNamara Nursery and Landscape E. Approve 1St Payment Request for A-1 Excavating, Inc. for 2015 Street Reconstruction Area D F. Approve 2015-2016 Recycling Agreement with Washington County G. Approve Settlement Agreement—Northland Securities H. Approve Agreement with Stantec—Wellhead Protection Grant Project I. Send Letters to Residents Regarding St. Croix River Crossing Project Testing J. Send Letters to Senators Klobuchar and Franken in Support of Wicker- Booker Amendment for Transportation K. Approve Ragnar Relay Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. IV. Public Hearings: None VI. Old Business: A. St. Croix River Crossing Project Update: Mayor McComber reported that there were no plans made yet for a ribbon cutting. No action was taken. B. Street Reconstruction Update: City Engineer Mlejnek reported that phase one utility work was done so they were grading the roads for curb and gutter, and they probably had half of the water main in in phase two. No action was taken. VII. New Business: A. Joseph Kohler (Joseph's) — Site Plan and Design Guidelines Review: City Planner Richards reviewed his planning report which was included in the packet for that evening's meeting. Councilmember Runk, seconded by Councilinernber Swenson,moved to approve the Resolution. Roll call vote taken. Carried 4-0. B. Street Reconstruction Area D—Rain Gardens: City Administrator Johnson reported that as part of the 2015 Street Reconstruction Area D Project, the City was required to meet certain MSCWMO storm water permit Page 21 of 186 City Council Meeting Minutes July 28, 2015 Page 3 of 3 requirements for runoff and quality control. He stated that the City planned to install rain gardens in order to meet those requirements. Councilmember Dougherty, seconded by Councilmember Runk, moved to authorize the execution of a final agreement between the City and the MSCWMO, subject to any final minor revision the City Staff may deem necessary to accomplish the outcome; to authorize the execution of the final agreements between the City and the various property owners that would facilitate the final installation of the smaller rain gardens, subject to any final minor revision the City Staff may deem necessary to accomplish the outcome; and authorize the execution of a Change Order#3 between the City and A-1 Excavating, subject to any final minor revision the City Staff may deem necessary to accomplish the outcome. Roll call vote taken. Carried 4-0. VIII. Other Council Items or Announcements: Mayor McComber reported that she was appointed to represent cities around the state on a steering committee for transportation. IX. Closed Session (closed pursuant to Minnesota Stat. 13.d.05) A. City Administrator Annual Performance Review: City Attorney Vierling reported that the City Council would go into a closed session for the City Administrator annual review, and the discussion would be recorded. He stated that any action would be announced after the closed session. Councilmember Swenson, seconded by Councilmember Runk, moved to go into closed session. Carried 4-0. X. Adjournment Councilmember Swenson, seconded by Councilmember Runk, moved to adjourn the meeting at 7:32 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk. Mayor Page 22 of 186 Oak Park Heights Request for Council action Meeting Date August 25. 2015 Agenda Item Title: Approve Spring and Fall Clean-up Dates Time: 0 min. Agenda Placement Consent Originating DepartmentJRequestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised) Saturday, May 7th and Saturday, October 1"have been reserved with the City's garbage hauler and Andersen Corporation for the Spring and Fall Clean-up events. The time would remain the same as the last year: 7:30 a.m. to 1:00 p.m. I request approval of those dates. Page 23 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 24 of 186 Oak Park Heights Request for Council. Action Meeting Date August 25, 2015 Agenda Item ie Park Time Req, 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature J Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 25 of 186 RESOLUTION 15-08-32 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING RECEIPT OF DONATIONS AND DIRECTING THE DONATIONS BE USED FOR PARTY IN THE PARK WHEREAS, the following; donations were made to the City of Oak Park Heights for the Party in the Park: Aesthetica: Two massage gift certificate for raffle Anastasi Jellum, P.A.: $100.00 Donation Andersen Corporation: $250.00 Donation Cover Park Manor: $100.00 Donation Croix Oil Company: Four$25 gift cards for raffle Dahl-Tech, Inc.: $50.00 Donation Eckberg Lammers Law Firm: Four-pack of Twins tickets for raffle; eight cases of water for residents Eric Johnson: $20 Minnesota State Parks gift card for raffle Fred's Tire: $50 gift certificate for raffle Kowalski's: $50 gift card for raffle Liquor Time: Eight bags of ice for snow cone machine; gift card for raffle Menards: Two hats, two cups, and two key chains for raffle Oak Park Senior Living: Target gift card for raffle Party on Stillwater: Tables and chairs rental; gift basket for raffle Pizza Man: $100.00 Donation Phil's Tara Hideaway: $100.00 Donation Regis Hair Salon: Two gift packs of hair products for raffle Shear Hair: $50.00 Donation St. Croix Cleaners: $40 gift certificate for raffle St. Paul Eye Clinic: $100 Donation Stillwater Motors: $100 Donation Valley Floral: $50.00 Floral Arrangement Certificate for raffle Under One Woof. $25 gift care for raffle Xcel Energy: $1,000 Donation WHEREAS,the City of Oak Park Heights is grateful for the donations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights shall accept the donations and that the City is authorized to use the donations for the Party in the Park. Page 26 of 186 Passed by the City Council of Oak Park Heights this 25' day of August, 2015. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 27 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 28 of 186 Oak Park Heights Request for Council Action Meeting Date August 25`x'. 2015 Time Required: 1 Minute Agenda item Title: Appoint Mr. James No City Park Commission Agenda Placement Consent A Originating DepartmentlReq[Uesto 6c ��"CiAdministrator Requester's Signature Action Requested: Appoint Mr-James Norton to the City Parks Commission thru 12/31/2018 subject to tl4e completion of a standard background investigation by the Cit Pel e Department. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): On August 17"".. 2015 the City Parks Commission interviewed two persons to fill the Park Commission vacancy. The Commission does recommend James Norton of 5715 Newberry Ave. North. Recommendation: Appoint Mr. James Norton to the City Parks Commission subject to the completion of a standard background investigation by the City Police Department. Please see the attached updated member list with terms as known. Page 29 of 186 CITY OF OAK PARK HEIGHTS PARKS COMMISSION Term* Chair: Dan Eder 2015-2015 14503 55`h Street North Oak Park Heights, MN 55082 651-491-4044 daneder @ymail.com Vice-Chair: Arron Bye 2013-2015 15269 Upper 615' Street North Oak Park Heights, MN 55082 651-592-8810 aaronbye8l@msn.com Commissioners: David Johnson 2015-2017 1522365°h Street North Oak Park Heights, MN 55082 612-867-5888 dajohnson27 @gmail.com Anthony Weyer 2015-2017 5499 Oakgreen Place North Oak Park Heights, MN 55082 651-208-3776 weyer699@gmail.com James Norton 2015-2018 5715 Newberry Avenue North Oak Park Heights, MN 55082 651-249-1164 james.nortonl4l4@gmail.com *Terms run from January to December and are 3-year appointments City Staff/Representatives: Oak Park Heights City Hall Phone: 651-439-4439 P.O. Box 2007 Fax: 651439-0574 Oak Park Heights, MN 55082 Andrew Kegley Jennifer Pinski Public Works Director Deputy Clerk E-mail: akegley @cityofoakparkheights.com E-mail:jpinski @cityofoakparkheights.com Lisa Danielson Eric Johnson City Arborist City Administrator E-mail: kdwidin @comcast.net E-mail: eajohnson @cityofoakparkheights.com Mary McComber Mike Liljegren City Council/Commission Liaison City Council/Commission Liaison Alternate E-mail: marymccomber @aol.com E-mail: liljegrens @comcast.net Updated: 08/20/2015 Page 30 of 186 Oak Park Heights Request for Council Action Meeting Date August 25a, 2015 Time Required: 1 Minute Agenda.Item Title: Apprpv-Q Traffic CoatrM Signal Maintenance Agrgemgnt with Washinawn Count —Stillw r B 5 and 58'h Street Agenda Placement Consent Jenda A/ Originating Department/R uesto E 'c J n, MY Admi Requester's Signature Action Requested ADprove T affic ontrol Signal Maintenance A eement with Washin on Coun — till ater Blvd (Hwy.5 and 58"' Street subject to any final minor amend nts k edits as approved by the Cijy Administrator and Qijy Attorne . Background/Justification(P a indicate if any previous action has been taken or 1f other public bodies have advised): See the enclosed Memo and related recommendation. Page 31 of 186 City of oak Park Heights 14168 Oak Park Blvd. N e Box 2007 a Oak Park Heights, MN 55082 a Phone(651)439-4439 a Fax(651)439-0574 August 20,2015 MEMO TO: Mayor and City Council Members FROM: Eric Johnson,City Administrator RE: County Request for Contract update--Hwy 5&58th Street Signalization Washington County has recently taken over jurisdiction of the traffic signal at the intersection of 58th Street North and Stillwater Boulevard,which previously was owned S S by the Minnesota Department of Transportation (MnDOT). MN DOT has a maintenance agreement with the City of Oak Park Heights, Agreement No. 75823M, 'b ._ (attached) assigning maintenance responsibilities at the signal and that, per the - -- - agreement, the City is responsible for minor signal maintenance including re lamping, '� e cleaning, and painting, and also the monthly electrical costs to operate the signal and lighting. With the jurisdictional transfer to the County, the County inherits MnDOT's responsibilities at this signal though the City is still responsible for the items described rte " above. However, Washington County generally does not ask cities to relamp the indications (reds, yellows, greens, arrows, and pedestrian indications) at county- owned signals, so they have requested that the City approve a new maintenance agreement,which we have attached,to replace the old agreement. In effect the City's responsibilities remain the largely the same except the County will now be responsible for the re-lamping of the signals and other operational maintenance. The following chart outlines the differences between the Existing and the Proposed agreement. $tillwater Blvd at$81h Street N Malnumance Responsibuftlas ExistingYreement Proposed New A reemeni Electrical Grid Connection Crly City Monihly Electrical Expenses(Signals+Streetlights) CR city Maintain Streetlights Bulbs.photoceil ballast,etc City City Maintain wiring from Meter to Sireetli ht Heads unclear County Relarnp Traffic and Pedestrian Indications C Ity County CEeaning!Paintrng Signal and StreetiighY Support Structure City CrYL__ Cleaning Controller Cabinet Ci counly Painting Controller Cabinet NY No longer needed Traffic Signal Interconnection(to adracenl intersections_) County Count• Mainlain Signing on the traffic signal system County Count Emerenc Vehicle Preemption EVP System Maintenance County Count Eirrier,gency Vehicle Preemption(EVP)System Timing counry Count Emergency Vehicle Preernpuon(EVP)System Ownership uneiear Coun Traffic Signal Timing County Count Re air of Contrut E ui merit county County Re art of Physical Oam e e q collision with si nal ale county Count. Gopher State One Carl iocates unUear County Notes County has inilenred responsibilities at Stlltwater Blvd.+58th St.�a TH 5 Tumback agreement which were onglnaaliy assioned ro lAnDUT ( ri_has inherited responsibilities at Stillwater E?lvd+'56th St v.a annexation v.hieh were orrgrnally assigneki ro€3avtown Town�l�.___ s Proposed New Agreement a lies onto to St�thvater Blvd aY °4it St Fat T�� There does not appear to be any increased costs to the City with the given proposal and the City might save some dollars as the re-tamping responsibility would shift to the County FROM THE CITY. Lastly, to date, while the City is responsible for certain maintenance elements, the State (and now the County) always held operational timing control of this equipment; the City never has had that authority. If this concept is amenable to the City, the County has proposed an Agreement (working draft enclosed) that would supplant the Hwy 5&58th Street Elements of Agreement 75823M.Those other non-related items would remain in effect between the City and MNDOT and the City of Stillwater. Recommendation: Approve the enclosed Agreement subject to any final minor amendments or edits as approved by the City Administrator and City Attorney. NOTE:Since the signing of Agreement 75823M in 1998,the City annexed such lands from Baytown Township and likely inherited those rofersnced cost responsibilities from the Townshin,-fhus making them 100%the cost of the City, Page 32 of 186 MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 75823M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION i AND THE COUNTY OF WASHINGTON AND THE CITY OF STILLWATER AND THE CITY OF OAK PARK HEIGHTS AND THE TOWNSHIP OF BAYTOWN TO Provide Maintenance and Electrical Energy for the new Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 5 (Stillwater Boulevard) at 58th Street North and at Trunk Highway No.- 36 South Ramps, and an Trunk Highway No. 5 - County State Aid Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps; and for the new Traffic Control Signal with Street Lights, Emergency vehicle Pre-emption, Advance Warning Flashers and Signing on Trunk Highway No. 36 at Washington Avenue - Norell Avenue in Stillwater, Oak Park Heights, Baytown Township, Washington County, Minnesota. S.P. 8204-37 and 8214-119 S.P. 82-605-11 F.P. NH-STP 064-1 (077) Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered G�C1A 'JG rMA-1-r n tL, Cttiti+S L✓rH)iIQI , Page 33 of 186 THIS AGREEMENT made and entered into by and between the i State of Minnesota, Department of Transportation, hereinafter referred to as the "State" , and the County of Washington, hereinafter referred to as the "County" , and the City of Stillwater, hereinafter referred to as "Stillwater" , and the City of Oak Park Heights, hereinafter referred to as "Oak Park Heights" , and the Township of Baytown, hereinafter referred to as the "Township" , WITNESSETH: WHEREAS, Minnesota Statutes Section 161 . 20 (1994) authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system; and i WHEREAS, the State has determined that there is justification and it is in the public' s best interest to remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 5 (Stillwater Boulevard) at 58th Street North and at Trunk Highway No. 36 South Ramps, and on Trunk Highway No. 5 - County State Aid Highway No . 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps; and to remove the existing traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, advance warning flashers and r-- signing on Trunk Highway No . 36 at Washington Avenue - Norell 75823M -1- Page 34 of 186 I i C Avenue in accordance with the terms and conditions contained in Traffic Control Signal Agreement No. 75826, between the County and the State; and WHEREAS, Stillwater, Oak Park Heights and the Township requests and the State agrees to provide Emergency Vehicle Pre-emption Systems, hereinafter referred to as the "EVP Systems" , as a part of the new traffic control signal installations on Trunk Highway No. 5 (Stillwater Boulevard) at 58th Street North and at Trunk Highway No. 36 South Ramps, on Trunk Highway No. 5 -- County State Aid Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps, and on Trunk ) Highway No. 36 at Washington Avenue - Norell Avenue and in accordance with the terms and conditions hereinafter set forth; and WHEREAS, the County, Stillwater, Oak Park Heights, the Township and the State will participate in the maintenance and operation of the new traffic control signals with street lights, EVP Systems, interconnect, advance warning flashers and signing as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1 . On Trunk Highway No. 5 (Stillwater Boulevard) at 58th Street North (System "A") , Oak Park Heights shall be responsible for the installation of an adequate electrical power supply to the service pad or pole, and for providing the necessary electrical power for the operation of the new traffic �1 75823M -2- Page 35 of 186 _ I control signal with street lights installation, at the shared costs of 50 percent Oak Park Heights and 50 percent the Township. Oak Park Heights shall receive the bill for the installation of the electrical power supply and the monthly electrical bill for the new traffic control signal with street lights, and invoice the Township for 50 percent of the costs. 2 . On Trunk Highway No. 5 (Stillwater Boulevard) at 58th Street North (System "A" ) , it shall be Oak Park Heights ' responsibility, to: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; (2 ) relamp the new traffic control signal and street lights, except for the Red LED signal indications which shall be reed C.: by the State for the 5 year warranty period and by Oak Park Heights thereafter; and (3) clean and paint the new traffic control signal, cabinet and luminaire mast arm extensions . Oak Park Heights shall invoice the Township for 50 percent of the costs of the above mentioned maintenance responsibilities assigned to Oak Park Heights. it shall be the State' s responsibility, at its cost and expense, to maintain the interconnect and signing and to perform all other traffic control signal and street light maintenance. 3 . On Trunk Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 South Ramps (System "B" ) , the State shall provide an adequate electrical power supply to the service pad or pole, and upon completion of said new traffic control signal with 75823M -3- Page 36 of 186 i street lights installation shall provide the necessary electrical power for its operation at the cost and expense of the State . 4 . On Trunk Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 South Ramps (System "B'� ) , it shall be the State' s responsibility, at its cost and expense, to maintain and keep in repair said traffic control signal with street lights, interconnect and signing. 5 . On Trunk Highway No. 5 - County State Aid Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps (System "C" ) , Stillwater shall provide an adequate electrical power supply to the service pad or pole, and upon completion of said new traffic control signal with street lights installation �4 shall provide the necessary electrical power for its operation at the cost and expense of Stillwater. 6 . On Trunk Highway No. 5 - County State Aid Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps (System "C" ) , a) It shall be the County' s responsibility, at its cost and expense, to: (1) relamp the traffic control signal, except for the Red LED signal indications which shall be relamped by the State for the 5 year warranty period and by the County thereafter; and (2) clean and paint the new traffic control signal, cabinet and luminaire mast arm extensions; b) It shall be Stillwater' s responsibility, at its cost and expense, to : (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; and (2) relamp the 75823M -4- Page 37 of 186 CC street lights; and c) It shall be the State' s responsibility, at its cost and expense, to maintain the signing and interconnect and to perform all other traffic control signal and street light maintenance . 7 . On Trunk Highway No. 36 at Washington Avenue - Norell Avenue (System "D" ) , Stillwater shall be responsible for the installation of an adequate electrical power supply to the service pad or pole, and for providing the necessary electrical power, for the operation of the new traffic control signal with street lights installation, at the shared costs of 50. percent Stillwater and 50 percent Oak Park Heights . Stillwater shall receive the ball for the installation of the electrical power supply and the monthly electrical bill for the new traffic control signal with street lights, and invoice Oak Park Heights for 50 percent of the costs , 8 . On Trunk Highway No. 36 at Washington Avenue (System "D" ) , it shall be Stillwater' s responsibility, to: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; (2) relamp the new traffic control signal, advance warning flashers and street lights, except for the Red LED signal indications which shall be relamped by the State for the 5 year warranty period and by Stillwater thereafter; and (3) clean and paint the new traffic I control signal , advance warning flashers , cabinet and luminaire mast arm extensions . Stillwater shall invoice Oak Park Heights 75823M -5- Page 38 of 186 I i for 50 percent of the costs of the above mentioned maintenance respansibilities assigned to Stillwater. It shall be the State' s responsibility, at its cost and expense, to maintain the signing and to perform all other traffic control signal, advance warning flasher and street light maintenance. 9 . The EVP Systems on Trunk Highway No . 5 (Stillwater Boulevard) at 58th Street North (System "All ) and at Trunk Highway No. 36 South Ramps (System "B") , on Trunk Highway No. 5 - County State Aid Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps (System "C" ) , and on Trunk Highway No . 36 at Washington Avenue - Norell Avenue (System "D") , shall be installed, operated, maintained or removed in accordance with the following conditions and requirements. a) All maintenance of the. —shall be dozi e b Sta _ forces . b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169 . 01, Subdivision 5 and 169 . 03 . Stillwater, Oak Park Heights and the Township will provide the State' s Assistant Division Engineer or his duly appointed representative a list of all such vehicles with emitter units . c) Malfunctions of the EVP Systems shall be reported to the State immediately. j 75823M -6- Page 39 of 186 d) In the event said EVP Systems or components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by Stillwater, Oak Park Heights or the Township of written notice thereof from the State, the State shall remove the EVP Systems . Upon removal of the EVP Systems pursuant to this Paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the State . i e) All timing of said EVP Systems shall be determined by the State through its Commissioner of Transportation. I 10 . Any and all persons engaged in the aforesaid work � I to be performed by the State shall not be considered employees of the County, Stillwater, Oak Park Heights or the Township and any and all claims that may or might arise under the Workers, i Compensation Act of this State on behalf of said employees while sc engaged, and any and all claims made by any sixth party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not 75823M -7- Page 40 of 186 I be the obligation and responsibility of the County, Stillwater, Oak Park Heights or the Township. The State shall not be responsible under the Worker' s Compensation Act for any employees of the County, Stillwater, Oak Park Heights or the Township. 11 . Timing of the new traffic control signals provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State . 12 . Upon execution and approval by the County, Stillwater, Oak Park Heights, the Township and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 73848 dated . December 14, 1995, for the intersection of Trunk Highway No. 5 - County State Aid Highway No. 5 {Stillwater Boulevard} at Trunk Highway No. 36 North Ramps, between the County and the State . 13 . Upon execution and approval by the County, Stillwater, Oak Park Heights, the Township and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate the operation and maintenance terms of Agreement No . 72439 dated September 26 , 1994 , for the intersection of Trunk Highway No. 36 at Washington Avenue - Norell Avenue, between Stillwater, Oak Park Heights and the State . 75823M Page 41 of 186 COUNTY OF WASHINGTON APPR VED AS TO FORM: i BY County Att "rney Chairma< of the Board Dated RECOMMENDED FOR APPROVAL: (County Seal.) By County Highway Encrineer Co y _ ,Qd�+trN�S a fey CITY OF STILLWATER APPROVED S TO FORM: By Ci Attorney M I (City Seal) By Cityc erk CITY OF OAK PARK HEIGHTS P 0 AS TO FORM: By Ci y Attorney Mayor (City Seal) i By Ci !Admi'istrator 75823M -9- Page 42 of 186 TOWNSHIP OF BAYTOWN `7 By Township Boarj Member Chairpers f Township Berard (Seal) By �,)Y: Township Board Board Member Township Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION �. By . Assistant Division Engineer Assistant Commissi er Dated z.3 APPROVED AS TO FORM AND EXECUTION: Original signed by: DEPARTMENT OF ADMINISTRATION Lynn A. Klessig , Zr Legal Assistant T a4 / By Assistant Attorney General i State of Minnesota L Dated j•Enii ZL C, _..._i DEPARTMENT OF FINANCE Original Signed By By ?Orr, K LLERM ANT Dated 1` C 75823M -10- Page 43 of 186 _ BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO, 97-138 DATE October 7,1997 _ DEPARTMENT Public Works-Tech/Admin MOTION BY COMMISSIONER Engstrom SECONDED BY COMMISSIONER Hegberg j MN/DOT TRAFFIC CONTROL. SIGNAL ON TH 36 AGREEMENT NO. 75823M BE IT RESOLVED that the County of Washington enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: i To provide maintenance and electrical energy for the new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing of Trunk Highway No. 5 (Stillwater Boulevard) at 58th Street North and at Trunk Highway No. 36 South Ramps, and on Trunk Highway No. 5 - County State Aid Highway No. 5 ( Stillwater Boulevard) at Trunk Highway No. 36 North Ramps; and for the new traffic control signal with street lights, emergency vehicle pre-emption, advance warning flashers and signing on Trunk Highway No. 36 at Washington Avenue - Norell Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 75823M, a copy of which was before the Board. BE IT FURTHER RESOLVED, that the proper County officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the County all of the contractual obligations contained therein. ATTEST: YES NO COUNTY ADMINISTRATOR ABRAHAMSON X ENGSTROM X \ HR X HEGBEEGBERG X CHAIRMA , COUNTY BOARD PETERSON X Page 44 of 186 RESOLUTION BE IT RESOLVED that the City of Stillwater enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit : To provide maintenance and electrical energy for the new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No . 5 (Stillwater Boulevard) at 58th Street North and at Trunk Highway No . 36 South Ramps, and on Trunk Highway No. 5 - County State Aid Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps; and for the new traffic control signal with street lights, emergency vehicle pre-emption, advance warning flashers and signing on Trunk Highway No. 36 at Washington Avenue - Norell Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 75823M, a copy of which was before the Council . BE IT FURTHER RESOLVED that the proper City officers be I and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual I obligations contained therein. CERTIFICATION State of Minnesota County of Washington City of Stillwater City of Oak Park Heights Township of Baytown I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Stillwater at a du;y authorized meeting thereof held on the /E day of ) J , 1997,. as shown by the minutes of said meeting in my possession. City C erk (Seal) Page 45 of 186 1 �L RESOLUTION BE IT RESOLVED that the City of Oak Park Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide maintenance and electrical energy for the new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 5 (Stillwater Boulevard) at 58th Street North and at Trunk Highway No. 36 South Ramps, and on Trunk Highway No. 5 - County State Aid Highway No. 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps; and for the new traffic control signal with street lights, emergency vehicle pre-emption, advance warning flashers and signing on Trunk Highway No. 36 at Washington Avenue - Norell Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 75823M, a copy of which was before the Council . BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICA'T'ION State of Minnesota County of Washington City of Stillwater City of Oak Park Heights Township of Baytown I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Oak Park Heights at a duly authorized meeting thereof held on the day of 1�rc ,��,,,L cry �, 1997 , as shown by the minutes of said meeting in my possession. j . J Cit dmi strator (Seal) Page 46 of 186 i C. RESOLUTION i i BE IT RESOLVED that the Township of Baytown enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit : To provide maintenance and electrical energy for the new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No . 5 (Stillwater Boulevard) at 58th Street North and at Trunk Highway No. 36 South Ramps, and on Trunk Highway No. 5 - County State Aid Highway No . 5 (Stillwater Boulevard) at Trunk Highway No. 36 North Ramps; and for the new traffic control signal with street lights, emergency vehicle pre-emption, advance warning dashers and signing on Trunk Highway No. 36 at Washington Avenue - Norell Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 75823M, a copy of which was before the Board. BE IT FURTHER RESOLVED that the proper Township officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the Township all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Washington City of Stillwater City of Oak Park Heights Township of Baytown I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Board of the Tow sh'p of Baytowli at a duly authorized meeting thereof held on the _ day of 1997 , as shown by the minutes of said meeting in possession. Township Clerk E (Seal) Page 47 of 186 I TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT WASHINGTON COUNTY BETWEEN THE COUNTY OF WASHINGTON CONTRACT NO. AND THE CITY OF OAK PARK HEIGHTS DEPT. PUBLIC WORKS FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS DIVISION TRANSPORTATION AT THE INTERSECTION OF 58TH STREET NORTH AND TERM PERPETUAL STILLWATER BOULEVARD NORTH THIS AGREEMENT made and entered into by and between the County of Washington, a political subdivision of the State of Minnesota, hereinafter referred to as the "County" and the City of Oak Park Heights, Minnesota, a municipal corporation, hereinafter referred to as the "City"; WHEREAS, the County has recently taken ownership of a traffic signal system within the City, located at the intersection of Stillwater Boulevard and 58"' Street North which was previously awned by the Minnesota Department of Transportation, and with said transfer has assumed certain traffic signal maintenance responsibilities at said intersection which were previously borne by the Minnesota Department of Transportation; WHEREAS, the County seeks to improve the consistency of traffic signal maintenance responsibilities throughout the County and is willing to assume responsibility for relamping of vehicular and pedestrian traffic signal indications, which is currently the responsibility of the City, and; WHEREAS, the County and City will share in the maintenance costs of the traffic control signal systems as hereinafter set forth; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. This agreement and all of its provisions shall apply only to the traffic;toPtf�oi signal system located on Stillwater Boulevard North at its intersection with 58th Street North; , 2. This agreement shall supersede any and all prior agreements between the City and thy`County related to the maintenance of the traffic control signal system at the intersection of Stillwater Boulevard North and 581h Street North. 3. The City shall, at its sole cost and expense, pay all monthly electrical service expenses necessary to operate the traffic control signal system including all cabinet and control equipment and integral streetlights, and including the cost of establishing and perpetuating a connection to the electrical service and subsequent ongoing electrical service expenses. Electrical expenses not related to the purposes as outlined in this paragraph shall be the expense of the County. 4. The City shall, at its sole cost and expense, maintain and keep in repair the existing four (4) luminaires (overhead street lights) and all their components, including the prompt replacement of the existing luminaires if necessary and in a fashion as approved by the City Engineer, except that the County shall maintain and keep in repair the electrical connection to the luminaire heads at the sole cost and expense of the County. 5. The County owns the traffic control signal and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair and replace as needed the traffic control signal system including but not limited to the relamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinet (located as shown in Exhibit _—) C:1Usersleajohnson\AppData\Local\MicrosoftlWindows\Temporary Internet Files\Content.Outlook\P3WSD8191OPH-County Signal Maintenance Agreement 8-19-15-with JoeG comments(3).doc Page 1 of 3 Page 48 of 186 and all of said cabinet's internal or external components , maintenance of the Emergency Vehicle Preemption (EVP) system,signage, maintenance of traffic signal interconnection and master controller, and repair of any and all physical damage thereto including replacement if required, except as set forth in the following section. 6. The County considers paint to be an aesthetic component of the traffic signal system. Therefore the City shall, at its sole cost and expense in the timelines and scope as set forth by the City Engineer at reasonable intervals, clean and paint the traffic control signal system and integral streetlights at the sole cost and expense of the City, having first obtained a permit from the County which may place reasonable conditions on activities within the right-of-way. 7. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal system as required by the Gopher State One Call system. 8. Any EVP equipment currently installed on the signal covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of Washington County, with no direct compensation made to the City. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP systems ; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal systems may be directly involved in an emergency. Both the City and the County acknowledge that where reasonably possible, such signalization shall be optimized to also address and accommodate anticipated traffic flows to and from the Stillwater Area High School 9. The EVP systems provided for in this agreement shall be installed, opera Iq, maintained or upgraded in accordance with the following conditions and requirements: , a. Emitter units may be installed and used only on vehicles responding to ar)"emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03.w It'he,Qty will, provide the County Engineer or his duly appointed representative a list'4 al `�such vehicles with emitter units upon request. b. Malfunctions of the EVP systems shall be reported to the County immediately. c. Only in the event said EVP systems or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP systems. Upon removal of the EVP systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. d. All timing of said EVP systems shall be determined by the County. 10. Any and all persons engaged in the aforesaid work to be performed by the County shall not be considered employees of the City, and any and all claims that may or might arise under the Workmen's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. The County shall not be responsible under the Workmen's Compensation Act for any employees of the City. The City shall not be responsible under the Workmen's Compensation Act for any employees of the County. 11. The parties hereby declare that the activities under this agreement are a single joint enterprise C.11l sersleajohnsonl AppData lLocalWicrosoftlWindows\Temporary Internet Fifes\Content.0utlook1P3WSD8191OPH-County Signal Maintenance Agreement 8-19-15-with JoeG comments(3).doc Page 49 of 186 Page 2 of 3 for the purposes of Minnesota Statute 471.59 subd. Ia.; and, under this agreement, for purposes of determining total liability for damages, the parties shall be considered a single government unit as specified in Minnesota Statute 466.04 subd. 1. Moreover, each party affirmatively states that it shall only be liable for the acts and omissions of its officers or employees and not for the acts or omissions of the employees or officers of the other. Neither party waives or releases any statutory immunity by operation of this agreement. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS F' Gary Kriesel, Chair Date Mayor Data;:; Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form- County Attorney Date City Attorney Date C:1Usersleajohnson\AppOata\Local\Microsoft\Windows\Temporary Internet Files\Content.OuttooklP3WSD8191OPH-County Signal Maintenance Agreement 8-19-15-with JoeG comments(3).doc Page 3 of 3 Page 50 of 186 a, a� Oak Park Heights Request for Council Action Meeting Date August 25`h, 2015 Time Required: 1 Minute Agenda Item Title: Approve NFR Agreement- Amendment#1 -Landscaping Additions. Agenda Placement Consent A e Originating DepartmenVReque or c Johnson City Administrator Requester's Signature Action Requested A roe DOT Contract# 04959-Amendment #I -Tree Instal a ons-subject to any final amendment required by City Staff f Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The resident at 6148 Osgood Ave(Wortman)inquired if there could be any additional landscaping placed into the North Frontage Road.MNDOT has agreed to place some additional plantings in the area at its expense but has asked the City to perform the continued maintenance,whatever that may be—but should be minimal. 1 have enclosed the detail planting sheet and is generally acceptable to the City Arborist. Please note that the MNDOT tree plantings would carry a one year warranty,meaning they would replace any trees that did not survive the first year,but if these replaced trees(or other trees)did not survive a second year,these would not be replaced.This stated,the City could not be obligated for any tree replacement regardless of when the tree may decline or die. The prevalent purpose of this planting would appear to provide screening for 6148 Osgood Ave. There is not another major element for such planting.The enclosed Agreement would implement these parameters and should be approved if the City Council does desire to take on the long-term maintenance of these trees. Possible Action:Approve MNDOT Contract#04959--Amendment#1 -Tree Installatiions-subject to any final amendments required.by City staff to accomplish the outlined tasks. Page 51 of 186 MnDOT Contract No:04959 STATE OF MINNESOTA,WASHINGTON COUNTY,CITY OF OAK PARK HEIGHTS CHANGE OF ROADWAY JURISDICTION AND MAINTENANCE AGREEMENT Amendment#1 Control Section Number: 8214 Trunk Highway Number: 36 This amendment to Agreement 04959 is among the State of Minnesota,acting through its Commissioner of Transportation("MnDOT"),the City of Oak bark 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 The parties entered into an agreement, identified as MnDOT Agreement#04959("original Agreement"), providing terms for the construction,operation,maintenance,and ultimate"turn-back"of certain roadway segments within the corporate limits of the City of Oak Park Heights; and Article 8.19 of the Original Agreement specifically does not allow for landscaping along the North Frontage Road. The parties have agreed that certain landscaping will be performed, subject to the terms herein. AGREEMENT The Original Agreement is amended by adding an Article 8-2 1, reading as follows: 8.21 Notwithstanding the prohibition on landscaping contained in Article 8.19,the Parties agree that certain landscaping will be installed, subject to the following: a) The landscaping is depicted in Exhibit D,which is attached and incorporated into this Agreement. b) MnDOT will design and provide 100%funding to install the landscaping as depicted in Exhibit D. c) MnDOT will incorporate the landscaping in the St Croix Crossing Landscaping Project(SP 8214- 160)and not as part of the North Frontage Road Contract being administered by the County. d) MnDOT expects the landscaping as generally depicted will be installed in spring.2016. e) Field adjustments will be made when the landscaping is installed to adjust for site conditions. f) The installed landscaping will be covered by a two-year warranty period through MnDOT's landscape contractor. The landscaping warranty in general,requires the contractor to replace dead plants by the end of the first year and remove dead plants by the end of the second year. g) The property where the landscaping is being installed is currently owned by the County and will be conveyed to the City as provided elsewhere in Agreement 04959. h) The City and County grant MnDOT or its contractor permission to enter the area identified in Exhibit D to instal] and maintain the planting area until the end of the two-year warranty period. Page 1 of 4 Page 52 of 186 MnDOT Contract No:04959 i) The City agrees that it will assume ownership of and maintenance responsibility for the installed landscaping at the end of the two-year warranty period,anticipated to end around July 1, 2018. The City will not replace dead or dying trees removed during or after the warranty period. Maintenance includes those parameters established by the City Arborist following best management practices for trees located within such typical location. THE BALANCE OF THIS PAGE HAS BEEN INTENTIALLY LEFT BLANK Page 2 of 4 Page 53 of 186 MnDOT Contract No:04959 CITY OF OAK PARK HEIGHTS DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully executed this contract on behalf of the City as Recommended for Approval: 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 County as required by applicable charter provisions, resolutions or ordinances. By (With delegated authority) By: Date: Chair Date: By: Administrator Date: By: Assistant County Attorney Date: Page 3 of 4 Page 54 of 186 MnDOT Contract No:04959 Replace page with Exhibit D Page 4 of 4 Page 55 of 186 MATCHLINE SHEET 8 I if < 0 0 A loll, lm� rD X -iz r—ri Ski A < 1H CD Fa 7a uo (D 0 L go Ic' f I mm 03 0 GOOD "E m -0 eD .2 Ln CD m Page 56 of 186 Oak Park Heights Request for Council Action Meeting Date August 25th, 2015 Time Required: 5 Minutes Agenda Item Title: Approve Developer's Agreement JOakg_reen Villa (Green Twig/Nolde) Phase IV—62 Unit. Agenda Placement Consent A e a Originating Department/Requ for c Lon, Cit y Administrator Requester's Signature Action Requested Approve eylelojpers A reement between the City and Oak een Villas— Phase 0 - sizbiect to any-final revisions required by the City Atto Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): As part of the City Council approval resolution for the 62-unit Oak Park Senior Living Phase IV development proposal a final Developer's Agreement must be approved by the City Council as developed by the City Attorney. That document is enclosed herein for consideration. There are some key elements to note: 1. Standard elements in terms of grading m erosion, MSCWNIO requirements; 2. Standard posting of financial securities by the Developer; 3. Inclusion of a Payment in Lieu of Taxes should this development transfer to a NON-Profit Status; 4. Continued payment requirements to the City for increased calls for Emergency Services; 5. Age restricted community—55+ 6, Recommendation: The Developer's Agreement as presented in part and parcel to the planned bond issuance by the Developer of up to $7.2 Million dollars.At this time staff does recommend and asks approval of this Agreement acknowledging that there may be minor edits and final revisions required by the City Attomey. Page 57 of 186 I MASTER PLAN RECEIVED JAN 15 205 r r-_- -TI ��.. I vm i F R r., PAMKUiC 9TAAl Mtl GV[EXW7M,AND P%Nl7W?JtA qW R I �. .. � - xmm u�nc.x+rnv. ••a s*.un I ¢ 11 Y � � �' .fdTH STiP�fT M7ArH .i �, iv.rz o; xmsr w�.n .,a.a.a •>,�o�,* W rrsOyfCfUe1.'5rrr svacuxr (O2 vn+t Page 58 of 186 LAYOUT PLAN PEk SBTN SMW Aber*, RECEIVED JAW 15 20S Zor v 4k"C4 Mo d ! � i5t�vtoe G»,uc w i woo d 51 � J a � .S3.1 a Page 59 of 186 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this day of , 2015, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City"), and Qakgreen Villa, LLC, a Minnesota Limited Liability Company (the "Developer"). WITNESSETH; That: WHEREAS, the Developer has made application to the City Council for approval of the General Plan- Planned Unit Development land within the corporate limits of the City described as follows:. See Attached Exhibit A (the "PUD" and also known as Oak Park Senior Living IV-62 unit Senior apartment Building); and, WHEREAS,the City Council has on April 28, 2015, granted approval to the General Plan -PUD, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of water, sewer and other public improvements as well as the development of on- site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements". 1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's expense the following improvements under Plan A according to the following terms and conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours,pad elevations, drainage provisions,erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading Page 60 of 186 plan during construction shall be submitted to the City for approval. Each building site must conform to the grading plan approved by the Building Inspector of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 11 All development shall conform to the natural limitations presented by the topography and soil of the PUD in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four(4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the right-of-way of 58th Street as acquired by the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to 2 Page 61 of 186 bring them flush with the topsoil(after grading)or driveway surface. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner for approval . F. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the PUD is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. The repair of any damage done to the streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. G. The Developer shall furnish site lighting in accordance with the City Ordinance requirements pursuant to a plan which must receive the approval of the City Planner. General Requirements: I. The Developer shall dedicate and survey all drainage and storm water holding ponds as required by the City and to be shown on the final plat. The Developer shall be responsible for storm sewer cleaning and holding pond dredging,as required,by the City prior to completion of the development. The City of Oak Park Heights is requiring Developer to dedicate storm water drainage areas and holding ponds to serve Developer's project. Such areas are incorporated within the drainage easements depicted on the final plat and upon execution of this Development Agreement and the recording of the final plat conveyed to the City of Oak Park Heights. I The Developer shall be responsible for securing all necessary approvals and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading or construction. M. Tree Protection and Clearing: The Developer must have the City Arborist or a person under her designation providing on-site supervision and direction during the clearing process. Prior to the clearing operation being initiated all clearing limits and trees to be protected shall be clearly marked. Tree protection fencing shall be 3 Page 62 of 186 installed and maintained until after grading is complete. All fencing shall be installed at least 20 feet distant from the trunks of large shade trees (deciduous) and around coniferous trees no closer than the drip line. Silt fencing may not be used as a substitute for tree protection fencing. Fencing shall be orange in color with steel posts at 6-8 foot intervals. The City Arborist shall be contacted by Developer for an inspection after the fencing is installed. All tree replacement fees due the City pursuant to the City Tree Protection ordinance following shall be paid within 10 days following the Arborists certification of amounts due. O. Warranty of Title. By its execution hereof Developer hereby warrants and represents that it has the exclusive and marketable fee title to the subject property. Developer further warrants and represents that there are no liens or encumbrances against the title and that it is fully authorized to execute this agreement as the fee owner of the subject lands. F. Fire Hydrants. All fire hydrants throughout the development shall incorporate an AFC- Waterous Story Nozzle. The hydrant pumper nozzle shall be of one-piece design, compatible with a five inch Story hose coupling. The nozzle shall be an integral part of the fire hydrants and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. Q. Utility Locations in City Right of Way. In order to maintain compliance with regulations promulgated from the Minnesota Office of Pipeline Safety the developer,its contractors , subcontractors,and agents shall comply with the following requirements: I. All right of way work shall require an application with a plan that shall be submitted for city review prior to any work performed in the right of way areas. 2. The layout of utilities, including depths, off-sets and materials shall be documented during construction and confirmed with city staff during the installation process. 3. All lots are required to submit an accurate tie card showing the utilities installed and measurements from fixed objects (comer of house, fire hydrants, etc.)to the curb stop, location pins, clean outs and tie in points for all utilities. 4. Multi-family and commercial lots must provide, in addition to the above, professional as built drawings confirmed by field survey, showing the required information. In addition Engineering grade 4 Page 63 of 186 GPS coordinates in the Washington County coordinate system shall be supplied by the builder. These will allow the coordinates to be electronically incorporated in to future city mapping. 5. All installations will require pins be installed directly above all utility lines where they cross lot lines. A corrosion protected trace wire shall be installed six inches below final grade directly above all new utility installations at a minimum through the right of way. The trace wire and tail shall be terminated in a capped vertical conduit that is within two inches of the final grade and pin located at the lot line. 6. The Developer shall hold harmless and indemnify the City of Oak Park Heights from any and all loss or damage resulting from its failure to comply with these requirements including but not limited to expenses the City incurs in correcting errors in information provided by Developer its agents or contractors or remediating problems resulting there from in the right of way. 7. Upon failure to provide full documentation as required the City shall notify he Developer who shall have 30 days to secure full compliance. Failure to comply will result in the work being assigned by the City to an outside professional for completion of the necessary work. Any costs incurred in resolving these requirements shall be assessed to the property or offset from security required under this agreement. 8. City staff shall document the time and materials required to review, confirm and accept the installation documentation and shall invoice Developer for the costs based on the actual work involved or on a fee schedule adopted by the City Council. P. Underground Installation of Electrical Distribution Lines. Pursuant to City ordinance Chapter 1008 all electrical distribution lines located or to be located upon the site shall be installed and maintained underground. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST See Attached"Exhibit Plan A Site Costs and revision thereto' TOTAL ESTIMATED CONSTRUCTION COST OF PLAIN A IMPROVEMENTS: $72,691.00 5 Page 64 of 186 ESTIMATED ENGINEERING,LEGAL AND ADMINISTRATIVE (20%): $14,538.00 TOTAL ESTIMATED CONSTRUCTION COST $87,229.00 OF PLAN A IMPROVEMENTS: SECURITY REQUIREMENT(25%) $21,807.00 TOTAL PLAN A ESCROW $109,036.00 3. CONSTRUCTION OF PLAN A IMPROVEMENTS. A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developers shall dedicate to the City, upon approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all easements located outside the platted area, the same shall be dedicated by separate easement conveyed to the City of Oak Park Heights prior to the execution of the Development Agreement. The final plat shall be fully executed and provided to the City prior to the execution of the Developer's Agreement. D. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan A Improvements. Concurrently with the execution of this Agreement, Developer or its general contractor shall provide a Performance Bond to the City of Oak Park Heights in a form to be approved by the City Attorney, 6 Page 65 of 186 guaranteeing the performance by Developer of the construction of the Plan A Improvements in a timely and proper manner. Additionally, Developer guarantees and agrees that, should the City of Oak Park heights need to apply a claim on said Performance Bond, that Developer shall pay all attorney's fees and administrative expenses associated with said action. E. Escrow. No work shall be commenced under this Agreement until the Developer shall have filed with the City a cash deposit, certified check or Letter of Credit (in a form to be approved by the City Attorney) in the amount equal to the total estimated cost of the Plan B improvements plus a security _requirement of 25% in the total amount of$109,036.00. The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan B improvements, however, the City shall provide the Developer the opportunity to pay for said improvements as bills are incurred, in cash, rather than applying payments as against the Letter of Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case, the Developer shall have 10 business days from the time of submission of the bill by the City to the Developer to pay to the City such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file with the City of Oak Park Heights. 4. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of$ to reimburse the City of Oak Park Heights for previous billed expenses relating to this development. 5. GENERAL: A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs,representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the PUD and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the PUD and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval. The City has given final approval to the plat of the PUD ( ) upon execution and delivery of this Agreement and the Development Agreement, and of all 7 Page 66 of 186 required documents and security, subject to compliance with the Ordinances of the City and terms and provisions hereof,permits may be issued by the City. C. Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement. 1. January 8, 2015 letter from the City Planner TPC File # 236.02-14.08. 2. January 21, 2015 letter from the City Planner TPC File # 236.02-14.08 3. July 23, 2015 Letter from Stantee Re: Oakgreen Senior Living Phase IV. D. P.U.D. Permit. The City of Oak Park Heights shall file the Planned Unit Development Permit of record in the office of the County Recorder. Providing that the Developer is not in default under the terms of the Development Agreement, the City shall provide appropriate releases to the financial aspects of same and documentation to individual buyers of lots. E. Administrative and Miscellaneous Expenses. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs may be offset against the Plan A security which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the cash deposit or letter of credit. Should the Developer dispute the reasonableness of any of the City's charges, Developer shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developer. F. Establishment of Construction Schedules. The City Engineer shall establish construction schedules for Plan A and Plan $ improvements and shall consult with Developer prior to establishing 8 Page 67 of 186 same. G. Zoning. Lot 1, Block 3, OAK PARK SENIOR LIVING, has been designated a zoning classificafiion of PUD by the City Council. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. H. Street Grades. The grades of all streets shall not exceed 8% and the minimum grade shall not be less than .5%. K. Handicapped Parking. Location of disability/ handicapped stalls shall be made more efficient with regard to serving all of the areas of the proposed facility. Disabilitylhandicap parking stalls will be established throughout the entire parking complex to provide reasonable handicapped access throughout the senior community. L. Landscaping. A final landscaping plan shall be developed and submitted to the City Planner by Developer. In addition the following modifications to the landscape plan shall be implemented subject to final modifications by the City Planner: 1. Street trees shall be added in accordance with the approved landscaping plan 2. The planting details depicted within the landscape plan shall implement a lowest branching height to provide a uniform appearance and to allow clearance for pedestrians, all in a manner to be designated and approved by the City Forester. 3. Sodding and Seeding are discussed in the planting notes but not defined in the illustration plans. The areas of sodding and seeding shall be identified in a final plan to be submitted and approved by the City Forester. M. Trash Receptacles. Trash receptacle areas have been designated on the site plan for the entire building. All tenants of the building will be required to utilize these trash receptacles or will be required to store trash internally. N. Ling. Developers must submit a lighting plan to the City Council. A photo-metric lighting plan shall be submitted and subject to review and specific approval of City Staff and City Council. All 9 Page 68 of 186 lighting shall be hooded and controlled so as not to direct light source to adjacent lands and not to be visible from the public right- of-way or from adjacent properties in compliance with Section 401.15B.7 of the Zoning Ordinance. O. Signage. A master signage plan has been developed by the Developer and submitted to the office of the City Planner for approval. All signage shall be conformed to the master signage plan so approved by the City Planner. P. Any changes to the submitted landscape plan resulting from changes to the stormwater ponding areas shall be subject to review and approval of the City Council. Q. Indemnification: To the fullest extent permitted by law, the Developers shall indemnify and hold harmless the City of oak Park Heights, its agents and employees from and against any and all claims, damages, losses or expenses, including but not limited to attorney's fees, arising out of the issuance of this Developer's Agreement by the City of oak Park Heights and/or arising out of the performance or non-performance of its obligations hereunder by Developer. R. Council Imposed Conditions. The following conditions have been imposed by the city council as a condition of approval of this project. 1. The revised plat for Oak Park Senior Living, the title work, as well as the dedication and vacation of any easements shall be subject to the review and approval of the City Engineer and City Attorney. 2. The development agreement shall include a provision that the Oak Park Senior Living Phase IV will remain as senior rental and shall not be converted to non-restricted rental housing. 3. Lower 59th Street shall be widened to 35 feet after construction of Building 3. The street medians on Upper 58th Street North and Lower 59th Streets North at Nova Scotia Avenue are to be removed for easier emergency vehicle access. All changes to the roadway are subject to review and approval of the City Engineer.(see Exhibit 4. The City Council approves the project with the revised plans for the front entrance of the building at the corner of Upper 58th Street North and Nutmeg Court North that eliminates parking stalls and provides for additional green space. (See Exhibit 10 Page 69 of 186 S. The City Council approves the project with the revised site plan which moves Building 4 south, away from Upper 58`h Street, while maintaining the 20 foot setback to the townhome units. 6. The landscape plan shall be subject to review and approval of the City Arborist. 7. Plans shall be provided for the irrigation system subject to review and approval of the City Engineer. 8. The grading and drainage plans shall be subject to City Engineer and the Middle St. Croix Watershed Management Organization approval. 9. All utility plans shall be subject to review and approval of the City Engineer. 10. The City Council determined that the proposed non-shielded, residential style light fixtures are appropriate. 11. The Applicant shall submit any plans for new signage subject to City approval. 12. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 13. The snow storage areas and plan shall be subject to review and approval of the City Engineer. 14, Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 15. All trash and recycling storage shall be internal to the building. 16. The City Council approves the project with the final building appearance, colors, materials and the variety between buildings. The Applicant shall provide a materials board for the building to be reviewed by the City Council. 17, The Applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. S. Conversion of Buildings Into Tax Exempt Pranegy. Developer has warranted to the City, the building to be constructed upon the property will be held exclusively for residential rental at market rate. They are to be held in private ownership and at a "for profit" status. Developer agrees that any conversion of the land or buildings to "non- profit' or "not for profit" status Z1 Page 70 of 186 will require approval of the City of Oak Park Heights" and that Developer, its heirs and or assigns, shall enter into a Payment in Lieu of Taxes Agreement (PILOT) with the City to compensate the City for the loss of tax revenue generated from the project should that change in status occur. The PILOT agreement shall contain the content and form as approved by the City Attorney. T. Senior Rental Housing. Developer has warranted to the city that the structures and residential units to be completed on the site shall be used and maintained exclusively for Senior Residential Housing. City approvals and transportation projections, municipal services and land use has all been predicated upon Developer's warranty. The Buildings and their occupancies are to remain dedicated for senior rental as defined by the Developer to be for persons age 55 and above. Provisions within leases implementing the restriction and enforcement terms there of shall be submitted to City staff for review and shall be used consistently within all leasing agreements. Unless otherwise approved by the City of Oak Park Heights, no use of the buildings shall be implemented or allowed by Developer, its heirs and assignees, except as senior rental housing. U. EMS SERVICES AND 911 CALLS 1. Emergency Services via Bayport Fire Department. At such time when the Development(defined as the area controlled by Developer bounded by Nova Scotia Ave; 58h Street, Oakgreen Ave and the city trail located along it's a north property line of the overall site; exceeds 20.0 percent of all City emergency calls responded to by the Bayport Fire Department(including fire, good intent, false alarm and EMS/rescue, ect), the Developers shall make an annual payment to the City an amount equal to the cost impact the Development has on the City's cost contribution to the Bayport Fire Department for services over the 20.0 percent. 2. Billing. The City will directly bill the Developers after the City determines the annual use generated by the Development and its impact on the City Fair Share Formula or other future contribution protocol. The City will determine annual use at the Development based on information provided by the Bayport Fire Department `actual-run' data or other reliable source data. 3 Change of Fire/EMS provider to City. Should the City's relationship with the Bayport Fire Department and/or is financial relationships substantially change,the City reserves the right to amend this language as may be needed to compensate for new Fire and/or EMS service vendor costs. 4 Disclaimer. While it is anticipated that the City can provide adequate 12 Page 71 of 186 emergency responses to the Development, the City does not guaranty that it has adequate resources to respond to all emergencies or provide same in perpetuity, The City fulhcr indicates to the Developers that it should consider the implementation of necessary"on-site" staff and other emergency mitigation resources so that emergency EMS/Rescue calls could be handled internally and directly with appropriate health care providers and potentially deleting the need of the City responses. U. Notice/Remedies on Default or Violation of this Agreement 1. Whenever any event of default or failure to conform to the terms and conditions of this Agreement occurs, the City shall give written notice of the event of default or failure to perform to the Developer by United States Mail at the following address: If to Developer: Oakgreen Villa, LLC P.O. Box 119 Stillwater, MN 55082 Attn: Tim Nolde If to City: City of Oak Park Heights 14168 Oak Park Blvd. North Oak Park Heights, Minnesota 55082 Attn: City Administrator With a copy to: Eckberg, Lammers,Briggs, Wolff& Vierling, P.L.L.P. 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 Attn: Mark Vierling Developer agrees to provide the City with the name and mailing address of any subsequent Lot Owner acquiring any Lot from Developer. 2. Except as otherwise provided in this Agreement, if the Developer fails to cure the event of default or failure to perform within 10 days after the date of the mailed notice or fails to undertake said cure and diligently pursue the same if it cannot reasonably be clone within said 10 day period, in addition to any other remedy provided in this Agreement and without waiver of any such right, the City may, after providing written notice of default to the Developer, avail itself of any or all of the following remedies for as long as the Developer and/or any other Lot Owner is in default. 13 Page 72 of 186 a. Halt all plat development work and construction of development improvements on the Lot of the defaulting Lot Owner until such time as the event of default is cured. b. Refuse to issue building permits or occupancy permits as to the Lot of the defaulting Lot Owner until such time as the event of default is cured. C. Apply to a court of competent jurisdiction to enjoin continuation of the event of default. d. If the event of default is a failure of the Developer to complete, construct, install or correct the Plan A Activities or the Plan C Improvements in accordance with the plans and specifications under this Agreement, the City may perform such construction or work and the Developer shall reimburse the City for its expenses incurred. This provision shall be a license granted by the Developer and/or any other Lot Owner to the City to so act, but shall not require the City to take any such action. This remedy is in addition to and not in lieu of the City's right to draw on the Plan A Security. 14 Page 73 of 186 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of: CITY OF OAK PARK HEIGHTS Mary McComber Mayor Eric Johnson City Administrator STATE OF MINNESOTA ) ) Ss. COUNTY OF WASHINGTON) On this day of , 2015 before me a Notary Public, within and for said County personally appeared Mary McComber and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 15 Page 74 of 186 In the presence of: Oakgreen Villa,LLC Its Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 2015, before me a Notary Public, within and for said County personally appeared and , to me personally known, being each by me duly sworn did say that they are respectively the and of Oakgreen Villa, LLC, a Minnesota Limited Liability Company, named in the foregoing instrument by authority of its Board of Governors and said and acknowledged said instrument to be the free act and deed of said entity. Notary Public 16 Page 75 of 186 THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg,Lammers, Briggs, Wolff &Vierling, P.L.L.P. 183 5 Northwestern Avenue Stillwater,MN 55082 (612)439-2878 17 Page 76 of 186 EXHIBIT PLAN A SITE COSTS 19 Page 77 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 78 of 186 t. Oak Park Heights Request for Council Action Meeting Date August 25`h 2015 Time Required: 1 Minute Agenda Item Title: APPROVE AUTHORIZING THE ISSUANCE SALE AND DELIVERY OF A MULTIFAMILY HOUSING REVENUE NOTE UNDER MINNESOTA STATUTES CHAPTER 462C; AUTHORIZING THE LOAN OF THE PROCEEDS OF THE REVENUE NOTE TO GREEN TWIG VILLAS LLLP•AND APPROVING THE FORM OF AND AUTHORIZD40 THRfACUTION AND DELIVERY OF THE NOTE AND RELATE :end- Originating CU S. Agenda Placement Consent Department) ues r ri Administrator Requester's Signature Action Requested A r ve Re"solution- AUTHORIZING THE ISSUANCE SALE AND DEL ERY OF A MULTIFAMILY HOUSING REVENUE NOTE UNDER MIN SO A STATUTES CHAPTER 462C,AUTHORIZING THE LOAN OF THE R EE S OF THE REVENUE NOTE TO GREEN TWIG VILLA LLP'A APOROONG THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE AND RELATED DOCUMENTS. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo and Resolution. Page 79 of 186 City of Oak Park Heights 14168 Oak Park Bivd. N•Box 2007•Oak Park Heights, MN 55082•Phone(651)439-4439•Fax(651)439-0574 August 20tl, 2015 MEMO TO: Mayor and City Council me rs/ FROM: Eric Johnson,City Admi is RE: Nolde-Revenue Bond Req �illion- FINAL RESOLUTION. As Council will recall,the City did hold a public hearing on June 91h ,2015 and the subsequently did approve a preliminary resolution that would facilitate Developer Tim Nolde(Green Twig) issuing up to a maximum of a$7.2 Million dollar revenue bond to fund the construction of his proposed 62-unit—two level affordable senior housing facility. The enclosed FINAL Resolution authorizes the issuance of conduit housing revenue notes in one or more series to be purchase by a bank to provide funds for construction of the Green Twig senior housing project. The resolution also authorizes the execution of documents necessary in connection with the revenue notes. The Council has already held a public hearing and provided preliminary approval for the project. As before,the City's issuance does not constitute a debt of the City and the City would pledge no taxing authority or other City derived revenues to repay the Bonds-See See 1.1 (g). Rather, the bond issuance utilizing the name of the City is purely a conduit revenue financing mechanism, which results in a tax-exempt interest rate on the Bonds. Tax- exempt interest rates are lower than taxable interest rates. Additionally,the Developer will be able to access a tax credit for which the Developer can save investment costs. Savings from the tax-exempt revenue bonds and the available tax credits are therefore passed on to eligible residents of the facility. The City has issued in the past similar Revenue Bonds for both Mr. Nolde and VSSA(Boutwell's Landing). The City charges a 1.0%loan fee which would be approximately$72,000(based on the maximum principal amount of$7.2 Million)and a continuing financial reporting fee per year of 0.1%annually based on the remaining principal balance of the debt,or about$7,000 per year. The Developer is also responsible to pay application fees and escrow deposit to cover all of the City's costs in this transaction. (Related to this I anticipate Mr. Nolde seeking a small reduction in these fees should the project ultimately close) It is important to note that the planned development as has been approved by the City Council would be AGE RESTICTED so that the primary resident in the household would need to meet that age requirement of 55 years old. And that these are not"Section 8"or other direct renter subsidy housing. Each occupant will be required to meet a federally set income level and follow all Federal and State regulations. Again,the only subsidy in play is the tax credit rebate the developer receives to reduce his operating costs AND the reduced interest charges from the tax-exempt Revenue Bond issuance as compared to taxable direct lender financing. RECOMMEDNATION:As there have not been known material changes from the initial scope or proposal from the initial resolution, nor was the City presented with any objections to the proposal at the Public Hearing and whereas the Developer has complied to date with anticipated City requests for the Bond and other Development Agreement requirements, Staff would recommend approval of this Final Resolution. Page 80 of 186 RESOLUTION NO. AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A MULTIFAMILY HOUSING REVENUE NOTE UNDER MINNESOTA STATUTES, CHAPTER 462C; AUTHORIZING THE LOAN OF THE PROCEEDS OF THE REVENUE NOTE TO GREEN TWIG VILLAS LLLP; AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE AND RELATED DOCUMENTS WHEREAS, the City of Oak Park Heights, Minnesota (the "City"), is a municipal corporation and political subdivision of the State of Minnesota duly organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision la, of the Act; and WHEREAS, in the issuance of the City's revenue bonds and in the making of a loan to finance a multifamily housing development the City may exercise, within the corporate limits of the City, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, the City has received a proposal that it issue its Multifamily Housing Revenue Note (Green Twig Villas Project), Series 2015, in one or more series, in an aggregate amount not to exceed $7,200,000 (collectively, the "Note") to provide funds to be loaned to Green Twig Villas LLLP, a Minnesota limited liability limited partnership (the "Borrower") 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"); and WHEREAS, the City has prepared a housing program (the "housing Program" or"Program")to authorize the issuance by the City of revenue bonds in the maximum principal amount of$7,200,000 to finance the acquisition,construction,and equipping of the Project;and WHEREAS, a notice of public hearing (the "Public Notice") was published in accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended(the "Code"),with respect to: (i)the required public hearing under the Code; (ii)the required public hearing under Section 462C.04, subdivision 2, of the Act; (iii)the Housing Program; and(iv)approval of the issuance of the Note;and WHEREAS, the Public Notice was published at least 15 days before the regularly scheduled meeting of the City Council of the City (the "City Council"), and on .tune 9, 2015, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views,both orally and in writing;and 464460v1.1SB AK145-6 Page 81 of 186 WHEREAS, following the public hearing, the City Council approved the Housing Program and granted preliminary approval for the issuance of the Note to finance the Project;and WHEREAS, sufficient details of the revenue note and other aspects of the financing have been agreed to that this final bond resolution should be adopted on this date accepting a proposal for issuance of the revenue note. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds,determines and declares as follows: (a) The issuance and sale of the Note by the City, pursuant to the Act, is in the best interest of the City,and the City hereby determines to issue the Note and to sell the Note to TCF Bank or another hank selected by the Borrower(the"Lender"). The City will loan the proceeds of the Note (the "Loan") to the Borrower in order to finance the Project. (b) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and Borrower, the City has agreed to loan to the Borrower the proceeds of the Note as set forth therein to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the construction, maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and Borrower deem necessary or desirable for the financing of the Project. (c) Pursuant to an Assignment of Loan Agreement between the City and the Lender, (the "Pledge Agreement"), the City will pledge and grant a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). (d) The obligations of the Borrower under the Loan Agreement and payment of amounts due under the Note will be secured by a mortgage (the"Mortgage")to be executed by the Borrower in favor of the City, and assigned to the Lender pursuant to an Assignment of Mortgage to be executed by the City (the "Assignment") and such obligations and payments will be further secured by certain other security agreements and guaranty agreements in favor of the Lender(the"Collateral Documents"). (e) The proceeds of the Note will be disbursed pursuant to a Disbursing Agreement (the "Disbursing Agreement")by and among the Lender, Borrower and a title insurance company. (f) Certain rental and occupancy requirements of federal and state law are set forth in a Regulatory Agreement(the"Regulatory Agreement")by and among the City, Borrower and the Lender. (g) The Note will be a special, limited obligation of the City. The Note and the interest thereon: (i)shall be payable solely from the revenues pledged therefor under the Loan Agreement; (ii)shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii)shall not constitute nor give, rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement, which will be assigned to the Trustee udder the indenture; and(v)shall not constitute a general_ or moral Obligation of the City. 464460v1 JSB AK145-6 2 Page 82 of 186 (h) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note for the purpose of financing the costs of the Project. (i) The Project constitutes a "qualified residential rental project" within the meaning of Section 142(d) of the Code, and a "multifamily housing development" authorized by the Act, and furthers the purposes of the Act. 0) The purpose of the Project is,and the effect thereof will be,to promote the public welfare by the acquisition and construction of a facility for use as a multifamily housing development designed primarily for occupancy by persons of low and moderate income. (k) The Act authorizes(i)the acquisition and construction of the Project,(ii)the issuance and sale of the Note, (iii) the execution and delivery by the City of the Loan Agreement, Regulatory Agreement, Assignment, and PIedge Agreement (the "City Agreements"), (iv) the performance of all covenants and agreements of the City contained in the City Agreements and any other documents reasonably necessary to effectuate the intent of this resolution, and (v)the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the City Agreements and the Note valid and binding obligations of the City in accordance with its terms. (1) It is desirable that the Borrower be authorized, subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the acquisition, construction and installation of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities. (m) The payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Note when due, and the Loan Agreement also provides that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement. (n) There is no litigation pending or, to the actual knowledge of the City, threatened against the City questioning the City's execution or delivery of the Note or the City Agreements or questioning the due organization of the City, or the powers or authority of the City to issue the Note and undertake the transactions contemplated hereby. (o) The,execution, delivery and performance of the City's obligations under the Note and the City Agreements do not and will not violate any order against the City of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both)a default under any such indenture,agreement or other instrument. (p) The City hereby finds, determines and declares that it is in the public interest of the residents of the City that the Project be undertaken in order to further the public purpose by providing multifamily housing developments for low or moderate income senior residents of the City and otherwise further the purposes and policies of the Act. 1.2 Authorization and Ratification of Proiect. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terms and 464460v1 7SB AK 145-6 Page 83 of 186 conditions imposed by the Lenders, to provide for the acquisition and construction of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of other municipal facilities; and the City hereby ratifies, affirms,and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. SECTION 2. THE NOTE. 2.1 Authorized Maximum Amount and Form of Note and Interest Rate. The Note issued pursuant to this Resolution shall mature in the years and amounts and be subject to redemption as therein specified, as such may be modified by agreement of the Lender, Borrower and City; and the principal amount of the Note that may be outstanding hereunder is expressly limited to $7,200,000, unless a duplicate Note is issued pursuant to Section 2.7. The actual amount of the Note shall be determined by the agreement of the Lender and the Borrower and any of the officers specified in Section 2.3 prior to the issuance of the Note. The Note will bear interest at the rates and mature on the dates determined by the Borrower and the Lender and set forth in the Note executed by the Authorized Officers. The sale of the Note to the Lender at a purchase price equal to its stated amount is hereby accepted. 2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the time and in the manner and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution of Note. The Note shall be executed on behalf of the City by the Mayor and the City Administrator(the"Authorized Officers"). In case any Authorized Officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such signatory had remained in office until delivery. In the event of the absence or disability of the Authorized Officer, such officers of the City as, in the opinion of the City Attorney, may act in their behalf,shall without further act or authorization of the City execute and deliver the Note. 2.4 Delivery of Note. Before delivery of the Note there shall be filed with the City and the Lender(except to the extent waived by the Lender)the following items: (1) an executed copy of each of the following documents; (a) the Loan Agreement; (b) the Pledge Agreement; (c) the Mortgage; (d) the Assignment; (f) any Collateral Agreements required by the Lender; (g) the Disbursing Agreement; (h) the Regulatory Agreement; (2) an opinion of Counsel for the Borrower; 46"64v1 JSB AK 145-6 4 Page 84 of 186 (3) the opinion of Bond Counsel as to the validity of the Note and, as applicable, the tax exempt status of Note; and (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3)above or that the Lender may require as a precondition to their purchase of the Note. 2.5 Disposition of Note Proceeds. Upon delivery of the Note to the Lender,the Lender shall, on behalf of the City, disburse the purchase price thereof for payment of Project Costs in accordance with the terms of a Disbursing Agreement or the Lender shall advance the proceeds of the Note to the Borrower, on behalf of the City, pursuant to the terms of a Disbursing Agreement. 2.6 Registration of Transfer. The City will cause to be kept at the office of the City Administrator of the City a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register for such Note by the Lender in person or by its agent duly authorized in writing, upon surrender of such Note together with a written instrument of transfer satisfactory to the City Administrator, duly executed by the Lender or its duly authorized agent. The City may require, as a precondition to any transfer, that the transferee provide evidence to the City that the transferee is a financial institution or other accredited investor under the securities laws. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the attached Note of the City of Oak Park Heights, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City, with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. Dated: Registered Owner Upon such transfer the City Administrator shall note the date of registration and the name and address of the successor holder in the Note Register and in the registration blank appearing on the Note. 2.7 Mutilated, Lost or Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the payment by the registered holder thereof of the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not he necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note, whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the 4644600 JSB AK145-6 5 Page 85 of 186 Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except as an exempt security or as an exempt transaction and in principal amounts of at least$100,000. SECTION 3. MISCELLANEOUS. 3.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions contained herein invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs contained in this Resolution shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 33 Authorization to Execute Agreements. The forms of the proposed Loan Agreement, Pledge Agreement, Regulatory Agreement, and Assignment are hereby approved in substantially the forms on file with the City, together with such additional details therein as may be necessary and appropriate and such modifications thereof,deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Authorized officers are authorized to execute the Note and the City Agreements in the name of and on behalf of the City, together with such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note (collectively, the "Financing Documents"). In the event of the absence or disability of any of the Authorized Officers, such officers of the City as, in the opinion of the City Attorney for the City, may act in their behalf shall without further act or authorization of the Board of Commissioners of the City do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 3.4 Progam. The City has established a governmental program of acquiring purpose investments for qualified residential rental projects. The governmental program is one in which the following requirements of§1.148-1(b) of the federal regulations relating to tax-exempt obligations shall be met: (a) the program involves the origination or acquisition of purpose investments; (b) at least 95% of the cost of the purpose investments acquired under the program represents one or more loans to a substantial number of persons representing the general public, 464460v1 JSB AK145-6 pj Page 86 of 186 4 states or political subdivisions, 501(c)(3) organizations, persons who provide housing and related facilities, or any combination of the foregoing; (c) at least 95% of the receipts from the purpose investments are used to pay principal, interest, or redemption prices on issues that financed the program, to pay or reimburse administrative costs of those issues or of the program, to pay or reimburse anticipated future losses directly related to the program, to finance additional purpose investments for the same general purposes of the program, or to redeem and retire governmental obligations at the next earliest possible date of redemption; (d) the program documents prohibit any obligor on a purpose investment financed by the program or any related party to that obligor from purchasing bonds of an issue that finances the program in an amount related to the amount of the purpose investment acquired from that obligor; and (e) the City shall not waive the right to treat the investment as a program investment. 3.5 Costs; Indemnification by Borrowers. The Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion will be paid by the Borrower. It is understood and agreed that the Borrower shall indemnify the City against all liabilities, losses, damages, costs and expenses(including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Note, as further provided for and agreed to by and between the Borrower and the City in the Loan Agreement. 3.6 Headings; Terms. Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to, the Loan Agreement. Adopted by the City Council of the City of Oak Park Heights, Minnesota, on this 25th day of August,2015. Mayor Attest: City Administrator 464460v1 1SB AK145-6 7 Page 87 of 186 Oak Park Heights Request for Council Action Meeting Date August 23. 2015 T ime Required: 1 Minutes Agenda Item Title: Purchase Laserfiche Server Agenda Placement Consent Originating DepartmentfRequestor Betty Caruso, Finance Director Requester's Signature c Action Requested Approve purchase of Laserfiche Server as recommended by Consultant TR Computer Sales Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In 2009 The City purchased a complete document imaging system, hardware and software from Cities Digital for $25,000. The server (hardware) for this system has reached the end of its useful life as the power supply is failing and Dell no longer has replacement parts for it. The server was scheduled for replacement in 2015. We have set aside $25,000 in the Budgeted Projects Fund for this purchase. The software component was upgraded in 2013. The attached quote from TR Computer Sales is for $12,743. This will be reduced by approximately $1,000 as the quote for the application transfer is at 10 hours, while that is actually covered by our maintenance agreement with Cities Digital. Therefore, I expect the total cost not to exceed $11,750. Recommendation: To purchase a server and installation from TR Computer Sales not to exceed $11,750 to replace the original server from 2009. Page 88 of 186 s T11t SmEla�i FSuui�lrp "ril hrl kieat.1�4n�rJf#5 RG7i€"s"u xIlytk9udE•Ma.1104•Ldab"84+1'J.rtLa 451:;07.6 "•cr.1851;7fp-41g City of Oak Park Heights Customer Engaciemgnt 14168 Oak Park Blvd. Date 8/6/2015 Oak Park Heights MN 55082-2007 Quote trio. 13916 Dear Betty Thank you for giving TR Computer Sales, LLC the opportunity to help you with your computer needs. The following is a description and estimated fees for our proposed computer service engagement. The engagement letter sets forth the engagement's objectives, documents the procedures for conducting this engagement, identifies your responsibilities, and provides our estimated fees. The final paragraph indicates what you need to do if you want us to proceed with this engagement. ENGAGEMENT OBJECTIVE The engagement's objective is to implement a Dell PowerEdge server for your Laserfiche application. To achieve this objective we propose to complete the tasks outlined in the SCOPE OF SERVICES section. Refer to the ESTIMATED PROFESSIONAL FEES AND SYSTEM SPECIFICATIONS section for details on hardware, software and pricing. SCOPE OF SERVICES • Install a new Dell PowerEdge server with Microsoft 2012 Operating System. • Connect existing PC's to the new server. • Reconfigure the Datto backup OPTIONAL SERVICES • Custom Microsoft Access Database programming. • Training for Microsoft Office productivity software. • Provide hardware and software solutions including recommendations, installation and training, • Pull level S twisted pair wire from all PC locations to a central location and connect wire ends to wall plates and a patch panel. YOUR RESPONSIBILITIES The engagement's nature will demand significant involvement by your personnel. The ultimate success of the engagement depends primarily on your personnel and the effort contributed toward the new system's implementation. To achieve a smooth and successful implementation, your company will be responsible for performing the following: • Order the necessary software and hardware from TR Computer Sales, LLC or another desired vendor. •Attend training and make key personnel available to learn the new system. •Administrate users and security on the new network. • Implementation of Laserfiche software. ESTIMATED PROFESSIONAL FEES AND SYSTEM SPECIFICATIONS Description f Sale: Exi: Page 89 of 186 Hardware 1 Software Deli PowerEdge Rack Server R430, Dual Xeon 1 $8,600 00 $8,600.00 Processor. 64 GB RAM, Qty 6-600 GB SAS drives (RAID 10), redundant PS, Dell 5 year Pro support- Ready Rail Kit Windows 2012 Server 1 $883.00 $883.00 Windows 2012 Server Client Access Licenses 15 $34.00 $510.00 HWISW TOTAL NOT INCLUDING OPTIONAL PURCHASES AND TAX: $9,993.00 Estimated Labor: Network File Server Installation 10 $125.00 $1,250.00 Applications transfer to the File Server(Laserfishe) 10 $125.00 $1,250.00 '"`(Estimate-If needed) `"" Reconfigure Backup Device 2 $125.00 $250.00 LABOR TOTAL NOT INCLUDING OPTIONAL PURCHASES AND TAX: $2,750.00 ENGAGEMENT TOTAL NOT INCLUDING OPTIONAL PURCHASES AND TAX: $12,743.00 The prices quoted above are at today's market value. Prices and availability will be verified at time of purchas MN State tax laws require us to charge you tax an all purchases as well as service to install any new hardware or software. This tax will be assessed on all purchases and only the appropriate services provided. All taxes will be added and included on the invoice. Our estimate is based on our prior experience multiplied by our standard hourly charges for these services, as summarized on the System Specification section. Any unusual disruption in the implementation process may result in higher fees. On-going support will be provided on an "as needed" basis, at your request. Consider purchasing telephone technical support contracts with the software vendors that offer them, if you require immediate response or guaranteed call back times. The terms for any additional hardware or software not specifically listed in this engagement are due upon receipt of invoice, if the order total is less than $1,000. Pre-payment is required for orders exceeding$1,000. We invoice our labor monthly, separate from computer hardware and software, and expect payment within thirty(30) days. We expressly reserve the right to assess a finance charge at the rate of 1.5% per month on any balance on your account that is older than thirty(30) days. You agree that in the event it becomes necessary for this account to be referred to an attorney for collection (whether or not suit is commenced), you will be responsible for payment of all reasonable costs of such collections, including reasonable attorneys'fees. Each monthly invoice will include a detailed description of the services provided. Our fees are based on the hourly rates of the various staff level and are adjusted annually for general economic factors. We schedule staff to serve your company based on the level of tasks to assure that you receive cost-effective service. TRCS HOURLY RATES Our hourly rates are $125 for labor performed Monday through Friday from 8 a.m. to 5 p.m. Labor performed after 5 p.m. or on the weekends will be billed at$182.50 per hour(time and a half). WARRANTIES AND LIMITATIONS It is your sole responsibility to comply with software copyright laws. Our liability for damages with respect to the services provided shall in no event exceed the charges previously paid to us for these services. All items returned for exchange or refund must be accompanied by the box and manuals in original condition, Most software can not be returned or exchanged. Warranties for the computer software and hardware products installed as part of this engagement are provided by the manufacturer of those products. We offer no warranties, expressed or implied, regarding the functionality or capabilities of the software or hardware products installed as part of this engagement, except for a one year limited warranty on TR Computer Systems. Our warranty on the TR System covers hardware components and the operating system. Data and software restoration is not covered under this warranty. Page 90 of 186 CLOSING We would like to meet with you to discuss this proposal before you make your final decision. We sincerely appreciate the opportunity to serve you. If the foregoing is in accordance with your understanding, please sign this letter and return the signed letter to us. You will receive an invoice for the hardware prior to the delivery. Payment of hardware is due upon delivery. Upon receipt of the authorization, we will contact you to arrange delivery and installation schedules. We look forward to working with you on this project. ACKNOWLEDGEMENT I (we) hereby agree to the terms of this engagement by completing the sections below and by signing this letter and returning it to TR Computer Sales, LLC. I have retained a copy for my records. Legal Name of Entity: Officer Signature: Dated: Title: Sincerely, Dale Deters TR Computer Sales Consultant Page 91 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 92 of 186 Oak Park Heights Request for Council Action Meeting Date: Tuesday August 25 2015 Agenda Item : Water Tower CleaninLy Time Rey. 1 Minute Agenda.Placement: Consent Originating Departme4Staf ic Work=Kelle Works Director Requester's Signature Action Requested: Aut ntract far Water Tower Cleanin Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 93 of 186 City of Oak Park Heights 14165 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric Johnson, Administrator CC: Mayor and Council From: Andrew Kegley, Public Works Director Date: 08/20/15 Re: Water Tower Cleaning As discussed at a recent budget workshop, the City's water towers are in need of cleaning. Recall tower 2 was rehabbed in 2011 and inspected again in 2012. There is some cost savings in declining redundant interior work. It is necessary to have the exterior cleaned, as area construction has kicked up a lot of dust, which sticks to the towers when condensation forms with hot temperatures. I've obtained quotes from two companies to complete the work--KLM Engineering and Water Tower Clean and Coat Inc. Water Tower Clean and Coat Inc. $11,350 KLM $16, 500 The City has contracted with KLM for such work in the past, and has a positive working relationship with the company's staff. However since Water Tower Clean and Coat Inc. provided a proposal to perform the same work using the same methods with a savings of $5,000 (+ -), their proposal is a better deal for the City. Recall at the May 26, 2015 Council meeting, the Council approved making a budget adjustment of$10,000 to fund the water tower cleaning project from fund 734-the water tower rehab fund. Based on rough cost estimates provided by KLM in 2014, the City anticipated needing $10,000 in 2015 to clean water tower 1 and an additional (+ - ) $7,000 in 2016 to clean the exterior of tower 2. Water Tower Clean and Coat Inc. provided a quote to complete the entire project for$1,350 more than I anticipated one tower to cost. Page 94 of 186 It makes sense to fund the additional $1,350 now and have WTCC complete the entire project in 2015 for a total cost of$1 1,350. I propose the work be funded from the water tower rehab fund, which has a current balance of$292,555. If thin proposal is amenable, I r ccGmmend Council authorize staff to contract with Wa-f %. i� c-V',TT Clean and Coat Inc. to have the interior and exterior of water tower 1 cleaned and ti c of ivater tower 2 cleaned in 2015 for a cast of$11,350 to be paid from the water fun 734 -- eater Tower Rehab Fund. 2 Page 95 of 186 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/Requester 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 Sewer Supplies for $4,000. Page 96 of 186 Water Tower Clean and Coat, Inc. Lodi,WI Today's Date: 02-12-2015 Prepared For Prepared By; Andrew Kegley Mike Hymes ma PW Director 7011 Meadow Ct City of Rockford,MN 55373 Oak Park Heights Water Tower Clean&Coat,Inc. P.O.Box 2007 612-306-5820 cell Oak Park Heights,MN,55082 wtcci @outlook.com 51-439-4439 Water Tower Clean and Coat,Inc. W11822 Reynolds Rd.Lodi,WI 53555 uss Fine 608-592-7574 'ke Hymes 612-306-5820 Rockford,MN Note: Interior Cleaning or live dive, tower stays in operation. Operator fills tower to desired level rew cleans and inspects per scope of operation. EIN#391-851002 Phone i#608-592-7574 Fax##608-592-7574 Description Quote Interior&Exterior Cleaning of 250k unit by city hall $ 5,600.00 Exterior Cleaning of 500k unit at 5810 Norell Ave. $ 5,750.00 Description of Exterior Cleaning: 1. Prewash,using water based surfactant to soften dirt and mildew 2. Chlorinated wash,for removal of mildew. 3. General rinse,to wash dirt and debris away. 4. Post wash,application of mildew inhibitor ote: All Cleaning interior or exterior includes mini-inspection with recommendations report.This is not an official MDH 5 ear inspection report. Mini-Inspection includes digital pictures and conditions report of the tank grout,door security,bottom ell exterior coating,tank or sphere coating,interior and exterior points of operation. Please Sign, Date and E-mail this proposal to: wtcci@outlook.com Total Amount $ 11,3 50.00 Customer Signature Date Accepted 1 [Water Tower Clean and Coat Inc.utilizes a ground operated,remote controlled robotic cleaning machine that relies on pressure \rraying for cleaning the external surfaces of the spheroid towers. We wash above your logo to ground level. WTCC is not xhe ble for the repair or refinishing of any surface areas as a result of our work on or in your tower. If it is determined that your isting paint might incur damage following the initial wash test strip,we reserve the right to cancel this contract and rescind work order. Full access to your tower is required. We welcome an open inspection Page 97 of 186 Water 'Tower Clean & Coat, Inc. Your .solution Providers: Russ 608-592-7574 W1 Sales Mike 612-306-5820 MN Sales Ale i —?=K°k11n1 J+h' 'Y{t / L Page 98 of 186 Water Tower Clean & Coat, Inc. Wl 1822 Reynolds Road Lodi, WI 53555 Phone: (608)279-3438 Mobile Office/Fax:(608)-592-7574 _ www.watertowercleanand coat.corn WE CLEAN AND SERVICE ALL TANKS Our robotic power washers can be used for exterior cleaning of ground storage tanks,spheroid and hydropiilar towers.For other structures our operators use lifts or suspended platforms to perform the work. Water tower and tank coat restoration. We can provide overcoat,clear coat and total coat systems. We also provide touch up coating repairs. 4, Provide welding services for restoration of tank thickness, support reinforcement,pipe repair and modifications. An example of our stainless steel " + �= bellows type expansion joint can be seen on left. Fabricate and install check valves to eliminate 4 venting and contamination problems associated with the overflow pipe. Fabricate and install tank vents to improve security and protect the tank from air pressurization or vacuum. Supply and install in tank agitation systems with video monitor to help you eliminate ice formation. ,. Install a Grade 1 door locks on the tower access " doors BLINI Nlarks Belbre Repair f Provide services during and after installation of cell phone equipment. Build and install coaxial enclosures. Coating repairs related to cellular k installation. Interior and exterior renovations of all types. marks,a'. Your Contact is: x. Mike Hymes y Water Tower Clean &. Coat, Inc. . 612-306-5820 Page 99 of 186 WATER TOWER CLEAN & COAT & COAT INC. PROBLEM: ICE IN THE WINTER...WARM WATER IN THE SUMN ER...BUGS INSIDE YOUR TANK...SECURITY SOLUTION: Install our high security stainless steel check valve/diffuser onto your overflow pipe. The wind is always blowing at the top of your tank. This creates a chimney draft effect inside your overflow pipe. As air inside your tank is drawn out thru the top vent, it is replaced with air drawn up your overflow pipe. In the winter the cold air freezes the top layer of water in your tank as it drafts over the surface, up and out the top vent. In the summer the warm air warms the water. Insects, pollen, mold spores, nearby road dust and pollutants are constantly being drawn up and into the finished water supply. Asian Lady Beetles In The Overflow Pipe The cold air displaces the air Ice can ruin the interior coating of your Of An Elevated Tank inside the tank which has been tank.Large icebergs scrape the coating off warmed by the water. Icebergs the weld seams as the water rises and falls form quickly as the frigid air each day. constantly blows over the sur- face of the water. 6 I 0i l„ k You can see where the ice has scraped off Mosquito larvae floating on the surface of the rust stains and knocked the coating off the water inside a tank. the weld seams which are rusting fast. The rest of the interior is in great shape. Cold air is drawn up the overflow pipe as wind blows across the vent creating a chimney draft All Types Of Tanks Draft Up The Overflow We custom build a stainless check valve/diffuser that t slides over your existing overflow pipe. The internal spring loaded door opens to let water out,then stays closed to break the draft effect and keep bugs out. The diffuser plate stops the high velocity of the overflowing f water. The check valve diffuser secures an otherwise open point of entry to your finished water supply. Please call for a quote,thanks! Water Tower Clean & Coat, Inc. Mike Hymes Minnesota Sales 612-306-5820 : . . _ Page 100 of 186 v . . : . : . j . „ .�y® 2 ©•� Interior ! and ■ ' Inspection of all .• of . and Vessels Interior ., ! Repair Page 101 of ;. iu w 4U peg �r e, Exterior Coating Repair A4 p +i it f y p ^ e r; Coating Renovations: Clean and Overcoat or Sandblast and Recoat Your Complete Water Tower Service Company Call for a FREE Quote! DVD's available of our cleaning robots in actions ! Your Minnesota Contact: Mike Hymes 612-306-5520 mikewtsysmn@hotmail.com Page 102 of 186 Water Tower Clean and Coat, Inc W 11822 Reynolds Rd. Lodi, WI 53555 (608)592-7574 Some of the more recent towers we have cleaned in Minnesota and Wisconsin Northfield Doug Lien 507-645-3051 Annandale Joe Haller 320-274-3055 Lake Crystal Bill Daley 507-381-2483 Ramsey John Nelson 763 278 8254 Buffalo Cara Teske 763 684 5432 Shakopee,MN Browerville,MN Annandale,MN Pelican Rapids,MN Bagley,MN John Crooks Chuck Buhl Joe Haller Brent Frazier Mike Jensen 952-233-1511 1-320-594-6234 1-320-274-3055 1-218-863-7076 1-218-694-2300 Village of Butler, Wl Ken Podewils 414-333-8040 300k spheroid Elkhart Lake, WI Rich Solek 920-207-8002 300k spheroid Shorewood, MN Larry Brown 9520401-1637 500k spheroid Village of Coleman, WI Aaron Patefield 920-897-2234 300k spheroid Georgetown Charter Twnshp, MI Denny Bishop 616-457-2340 500k spheroid M1. f's _ Y Page 103 of 186 KLM ENGINEERINC,y INC. P.O.Box 897•3394 Lake Elmo Ave. N.•Lake Elmo,MN 55042 (651)773-51 1 f•Fax(651)773-5222 April 16, 2014 _ Mr. Andrew Kegley By Email Only Public Works Director City of Oak Park Heights PO Box 2007 Oak Park Heights, Minnesota 55082-2007 RE: Proposal for Inspection and Cleaning of the 250,000 Gallon Single Pedestal and Exterior Cleaning of the 500,000 Gallon Hydropillar Located in the City of Oak Park Heights,MN. KLM Project#MN2414,Tower#1 MN2637, Tower#2 Dear Mr. Kegley: KLM is pleased to submit this proposal to inspect and clean the two elevated water storage reservoirs in Oak Park Heights, Minnesota. KLM proposes to perform a detailed inspection of the existing conditions of these water towers in conformance with AWWA Manual M42 Appendix C Inspecting and Repairing Steel Water Tanks and Elevated Tanks for Water Storage. This type of inspection is not just a verbal report on existing conditions. The report submitted after the inspection will break down in detail the interior and exterior coating and structural conditions. Color photographs substantiate the details of this report. The KLM report will also indicate any unsafe OSHA conditions. The report closes with an Engineer's Cost Estimate of the recommended structural and coating repairs or replacements, which is essential for adequate budgeting. By choosing KLM Engineering, Inc. the City of Oak Park Heights is investing in the knowledge and expertise of a consultant who can perform an accurate and unbiased inspection of your water tank. Our inspections will clearly identify all of the maintenance requirements of the towers. This inspection will establish a baseline of the current conditions of the towers. The report will define the next time the towers should be inspected and, if necessary, any maintenance. The experience of KLM's staff in water tower inspections has been enhanced by our training as National Association of Corrosion Engineers (NACE) Certified Coatings Inspectors and American Welding Society (AWS) Certified Welding Inspectors. This training,plus the years of experience in abrasive blasting (surface preparation)painting, rigging, welding, and inspecting has given this company a competitive edge for performing this type of work in a safe and professional manner. Page 104 of 186 City of Oak Park Heights, MN 2 The following excerpt from AWWA MANUAL OF WATER SUPPLY PRACTICES M42 Steel Water Storage Tanks defines organizations or individuals deemed properly qualified to perform the type of inspection proposed by KLM Engineering, Inc. AWWA Manual M42 Appendix C Inspecting and Repairing Steel Water Tanks and Elevated Tanks for Water Storage(formerly AWWA Standard D101) Section A-1: General. Sec. A-1.2 Inspection Services Under the terms of this recommended practice document, only organizations or individuals who are properly qualified to do such work shall provide inspection services. Those so qualified are: (1) An engineering organization whose principals are registered professional engineers, specializing in inspection services and having at least five years of experience in the inspection of steel structures. (2) Independent engineers, licensed in the state in which the structure is located, whose practice has included substantial or major attention to steel construction. (3) Inspection or safety agencies of the state in which the structure is located, if such agencies are empowered to render inspection services and, further, if such inspection services involve the employment of personnel experienced in steel construction and maintenance. In all of the above classes of qualified inspection agencies, the inspector(s) assigned to the work in the field shall have been properly trained by the organization so qualified and shall have no interest, other than that of a competent inspector, in the performance of any work under consideration at the time the inspection is made. The inspection and inspection reports will be performed in accordance with AWWA M 42 Inspecting and Repairing Steel Water Tanks, Standpipes, Reservoirs, and Elevated Tanks. for Water Storage and American Concrete Institute (ACI) 201.1R-95 Guide for Making a Condition Survey of Concrete in Service. Page 105 of 186 City of Oak Park Heights, MN 3 Benerits KLM will provide to the Owner two (2)copies of the inspection report for tower No.1, which will provide the following benefits: I. Clearly stating the actual condition of the coatings and structural integrity. 2. Identify the amount of sediment and estimate the next time it needs cleaning. 3. Provide a schedule for performing recommended maintenance work. 4. Provide an Engineer's Cost Estimate for all recommended repair work. 5. Color photographs substantiate details of the report. 6. Copies of the report justify maintenance recommendations to decision-makers. 7. The inspection report can be included in the specification document to provide accurate information on existing conditions for bidders. 8. Recommendation of future inspections. 9. KLM will also provide drawings in the report for future maintenance. KLM Work Plan Dry Tank Inspection (Tower#1) The dry tank inspection is the method recommended by AWWA M 42 D101-53 (R1986) Part A. However, this method of inspection is limited to areas accessible from a ladder or areas that can be reached from the floor. KLM will inspect the floor, the reservoir walls, and any interior structure accessible by ladders. All accessible exterior surfaces, including the roof, will also be inspected. KLM will measure and photograph all areas that need to be included in the inspection report. KLM will provide a ladder. The Owner would be responsible for draining and cleaning the tank prior to inspection. The exterior inspector's primary responsibilities are to be the safety-hole watch for the interior inspector and to inspect the exterior. The clean-out and disinfection will be performed in accordance to the proposal. Clean-out can be performed using a 3000-psi pressure washer if necessary. KLM will pull the pressure washing hose and gun up through the wet riser and rinse out any sediment from the bowl. KLM will supply a sump pump and pressure relief valve for the Owner if needed for the clean-out of the wet riser. KLM will disinfect the tank in accordance with Method 1, 2, or 3 of AWWA C652-11. KLM will require the assistance of the Owner to back-flush and disinfect the reservoir of the tank. KLM can supply the chlorine and do the clean-out from the bottom. Page 106 of 186 City of Oak Park Heights, MN 4 Exterior Pressure Washing (Tower#2) The complete exterior of the tank (roof, upper torus, shell, lower torus, bowl, and cone) and riser/lower cone shall be cleaned by power washing. Power wash and clean water rinse surfaces shall be completely dry inspected and approved by the Owner. This work explicitly includes all work and operations, including but not limited to those necessary for: the movement of personnel, equipment, supplies, and incidentals to and from the project site; the establishment and subsequent removal of all offices, Contractor's buildings, and other facilities necessary for work on the project; clean-up of the tank and site and all other work and operations which must be performed or costs incurred prior to beginning and after completion of work on the various items on the project site. KLM is responsible for the protection of all antennas, cables, and associated equipment from damage during reconditioning. Protection may include the temporary removal of antennas and/or cables from their support mounts in order to blast and paint behind or beneath these items. All equipment cabinets and buildings must be adequately protected and vented to prevent dust contamination and overheating of equipment. Contractor shall coordinate all work with the antenna owners. The complete exterior of the tank (roof, upper torus, shell, lower torus, bowl, cone and wet riser), as well as areas of graffiti on the support structure, shall be cleaned by power washing with 140 degree F. biodegradable detergent/water solution (1 to 2 oz. detergent per gallon of water) at 2,500 to 3,500 psi. Power washing shall employ a rotating nozzle using 3 to 5 gpn.delivery. Rinse with clean tap water. If mildew is present apply the following procedures before power washing. Wet mildewed surfaces with a bleach solution consisting of 3 parts warm water and 1 part household bleach. Allow the bleach solution to remain on the surface until dry. Power wash and clean water rinse surfaces. Before any finish coating is applied, metal surfaces (existing coating) shall be completely dry, dust free, inspected and approved by the Engineer. Following, or in conjunction with, power washing of the tank and riser, rinse the support structure to remove any dirt streaking, water, soap or other debris which may accumulate from the washing operations. Page 107 of 186 City of Oak Park Heights, MN Exterior and Interior Inspection The exterior inspection is critical for evaluating the coating conditions to determine whether the coating is a candidate for over coating or complete reconditioning. KLM inspectors will also check for structural deficiencies and OSHA compliance. For each inspection, KLM will provide a NACE Certified Coatings Inspector that is properly trained and qualified to perform this type of inspection. The exterior will be inspected from all areas accessible without rigging unless otherwise written into this agreement. Coating conditions of both the interior and exterior will be examined using a number of different testing equipment. KLM's inspection will include using ultrasonic thickness readings UT, dry film thickness DFT, and standard ASTM tests. Interior and Exterior: • Roof structure(size and style) • Vents (size and style) • Roof manways (size and style) • Ventilation manways (size and style) • Overflow weir and pipe (size and style) • Support column(size and style) • Capacity level and head range • Inlet/outlet pipe • Mud ring • Drains • Floor condition (oil canning) • Cathodic protection • Pitting • Girders and sail plates • Ladders,cages,platforms, and handrails • Painters rigging • Reinforcement pads • Balcony or stiffening girder • Anchor bolts and cotter pins • Base pad condition including flexcel and grout • Screens on vents and overflows • Overflow air breaks, splash pads,and drainage • Safety devices • Lighting • Site dimensions • Safety considerations The exterior inspector's primary responsibilities are to be the safety-hole watch for the interior inspector and to inspect the exterior. Page 108 of 186 City of Oak Park Heights, MN 6 Owner's Responsibilities KLM will require the assistance of the Owner to back-flush and disinfect the reservoir of the tank. The Owner would need to provide a supply of water and hoses to perform this disinfection. A typical clean-out consists of washing down most of the heavy sediment while the water is drainin c The Owner's personnel shall also be responsible for: • Manning the shut off valve at all times Opening and closing the inlet/outlet pipe + Verifying that clean out and disinfection have been performed to Owner's satisfaction + Disposing of sediment and debris * Taking and testing water samples • Providing a ladder to reach the fixed ladder + Providing copies of background information on tank, including maintenance records, construction drawings, previous inspection reports, and previous painting or reconditioning specifications. It is especially helpful if this information is collected prior to KLM's personnel beginning its inspection. Inspection Fees Dry Tank Inspection and Interior Cleaning (Tower 1) The inspection will be performed for a fee of$2,500.00. Exterior Power Washing (Tower#1 Only) The inspection will be performed for a fee of$6,500.00. Exterior Power Washing (Tower#2 Only) The inspection will be performed for a fee of$7,500.00. Project Total All services provided above can be performed for a project total of M6,500.00 Fees are subject to change if proposed work exceeds 12 months from this bid proposal. Page 109 of 186 City of Oak Park Heights, MN 7 Time Frame This proposal is valid for sixty(60) days from April 16, 2014. If the City of Oak Park Heights finds this proposal acceptable, please sign and return. When KLM receives the signed proposal, we will call the Owner to coordinate an inspection time. When the City of Oak Park Heights receives the inspection report, KLM will bill the Owner according to this agreement. If you have any questions regarding this proposal, please call me at 651-773-5 111 or email me at sinulhem@klmenainecrin2.com. This agreement,between the City of Oak Park Heights and KLM Engineering, Inc, of Lake Elmo, Minnesota is accepted by: City of Oak Park Heights, (Name) (Title) Minnesota (Date) Marketing Manager KLM Engineering, Inc. (Name) (Title) Lake Elmo, Minnesota April 16. 2014. (Date) We look forward to working with you. Sincerely, KLM ENGINEERING,INC. Shawn A. Mulhern Marketing Manager Samba(shared)Proposal 2014/MSTRINSP20141 City of oak Paris Heights,MN Page 110 of 186 Oak Park Heights Request for Council Action Meeting Date August 25th 2015 Time Required: 5 Minutes Agenda Item Title: L Clark - Range 82 Indoor Shooting—Subdivision of Property; Desi>�n Standards & Site Plan Re ' w Agenda Placement New Busine Originating Department/Re estor VuLson, Cily Administrator Requester's Signature Action Requested Please s e Blow. Background/Justification(0 ease indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards: 1. Planners Report Dated August 6u', 2015 2. Planning Commission Recommendation—Unsigned. 3. Proposed City Council Resolution. Page 111 of 186 TPC3641 Thurston Avenue N. Suite 100 EWXOVJM V2 Anoka, MN 55303 Phone: 763.231.6640 Facsimile. 763.427.0520 TPC§P1anningCo.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 6, 2015 RE: Oak Park Heights — Range 082 Indoor Shooting — Subdivision and Design Guidelines/Site Plan Review— Memorial Avenue North TPC FILE: 236.02 — 15.04 BACKGROUND Lorene Clark has made application to construct a building on Memorial Avenue North that will be used for a retail store and gun range. The property will need to be subdivided from Lot 2, Block 1, Oak Park Station and the building and site will require Subdivision approval and Design Standards/Site Plan review. The site is zoned B-3, Highway Business and Warehouse in which retail stores and commercial recreation such as the indoor firearms range is a permitted use. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Submittal Cover Sheet Exhibit 3: Preliminary Plat— Oak Park Station Second Addition Exhibit 4: Site Lighting (A-1) Exhibit 5: Fixture Specifications (5 pages) Exhibit 6: Floor Plan (A-2) Exhibit 7: Elevations (A-3) Exhibit 8: Sign Plan (A-4) Exhibit 9: Site Plan Submittal Exhibit 10: Existing Conditions and Demolition Plan (C1.1) Exhibit 11: Site Plan (C2.1) Exhibit 12: Grading and Erosion Control Plan (C3.1) Exhibit 13: Enlarged Grading Plan and Details (C3.2) Exhibit 14: Utility Plan (C4.1) Exhibit 15: Utility Details (C4.2) i Page 112 of 186 Exhibit 16: Landscape Plan (1-2.1) Exhibit 17: Landscape Details (1-2.2) Exhibit 18: SWPPP Plan Exhibit 19: Environmental Waste Recovery and Removal Plan Exhibit 20: View looking east to the High School Exhibit 21: View looking northeast Exhibit 22: View looking south Exhibit 23: View looking west Exhibit 24: Report of the City Arborist Exhibit 25: City Engineer Stormwater Review PROJECT DESCRIPTION The project narrative provides the following description: Our proposal is to build a one of a kind indoor shooting range and retail destination in Oak Park Heights. This facility will provide a community, family friendly, safe and inviting environment for all levels of shooting sports enthusiasts. Range 082 indoor Shooting is a 49,000 square foot entertainment facility incorporating five shooting bays, educational space and retail area. The shooting range will consist of 38 lanes (10 rifle, 10 training, 18 pistol). Top quality, state-of-the art equipment from Action Target will make it a true Five Star Range. The five shooting bays allow for shooting competitions and competitive shooting tournaments, as well as individual practice. The 8,500 square foot retail space will offer a wide variety of merchandise, including unique and high end items not generally offered at other sporting goods outlets. The retail space will also include a library/technical center and concession area. Patrons will experience a safe and welcoming environment when they step in the door. Highly skilled and knowledgeable staff will assist all patrons, whether they are seasoned shooters or beginners. Classes will be offered and taught by certified professionals approved by the Minnesota BCA and NRA. Classes will range from beginner safety and personal defense to advanced marksmanship and tactical. Range 082 will be a year round destination which the City of Oak Park Heights can call a landmark for the community. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Highway Business/Warehouse on the Proposed Land Use Map. The proposed use is consistent with this land use designation. 2 Page 113 of 186 Zoning. The property is zoned B-3 Highway Business and Warehouse District. The use of the site for retail and as commercial recreation is a permitted use in this district. Subdivision. The property is platted as Lot 2, Block 1 Oak Park Station. The south portion of the lot will be subdivided to create Oak Park Station Second Addition. The proposed lot at 5.5 acres with a lot width of 386 feet on Memorial Avenue North will be compliant with the minimum lot area of 15,000 square feet and a lot width of 100 feet specified for the B-3 District. The plat will be subject to review and approval of the City Attorney and City Engineer. Site Plan. The front of the building is orientated to Highway 5 with the parking lot adjacent to the front entrance. A large front yard on the southeast side and large side yard on the southwest allows for green area, landscaping and storm water ponding. The loading area for the building is located on the Memorial Avenue North side of the building but is screened with a fence and landscaping. Setbacks. The building and parking areas are compliant with all setback requirements. Traffic Circulation/Curb Cuts. The site plan indicates that there will be two curb cuts off of Memorial Avenue North. The curb cut and driveway near the northwest property lines is set back 10.5 feet and is compliant with setback requirements. There are three landscape islands within the parking lot. The plan should be subject to review by the Fire Marshal for emergency vehicle access. Snow Storage. The plans do not indicate an area for snow storage. The applicant shall indicate where the snow is to be stored. Parking. The following table provides an analysis of proposed and required parking spaces: Parking Area Required Requirements Spaces _1 per 200 SF 8,400 X .9 = 7,560 SF retail area 38 1 per 80 SF 480 X .9 = 432 SF kitchen 5 1 per 200 SF. + 3 4,440 x .9 = 3,996 SF 23 office/gunsmith/classrooms 1 per range aisle 38 x 1 gun range 38 1 perl,500 SF 3,290 x.9 = 2,961 SF storage 2 TOTAL 106 Per ordinance, the site would require 106 parking spaces. The proposed site plan indicates a total of 74 spaces, with 14 proof of parking spaces. It is recommended that 18 additional proof of parking stalls be added to the site plan so that the parking requirement is met. There is adequate area on site to include the additional proof of parking spaces. The plans indicate four disability stalls adjacent to the front entrance which will be adequate for the site. ; 3 Page 114 of 186 Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. Lighting. The lighting plan indicates the locations of the parking lot and site fixtures as well as the building wall fixtures. The lighting specifications indicate that the fixtures to be used in the parking lot and on the walls will be full cut off and LED. The other fixtures will be ground mounted and used to light the wall and freestanding monument sign off of Highway 5. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.8.7 of the Zoning Ordinance as it relates to lighting requirements. A photometric plan shall be provided subject to review of City Staff. Trash Storage. The floor plan indicates that the trash containers will be stored behind the fenced area on the northwest side of the building. The fence will be a solid concrete structure. Mechanical Screening. Any exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. The plans indicate that the roof mounted and ground mounted mechanical equipment will all be screened. Noise. Sound levels generated from the site shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and-utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the Valley Branch Watershed District. Signage. Freestanding Sign. The applicant has proposed one freestanding sign adjacent to Highway 5 that will be approximately 5 feet in height and a sign area of 30 square feet. The base of the sign will be landscaped. Wall Signage. The following wall signage is proposed: Total No. Sin Square Feet of Signs Southeast 272 1 Elevation Northwest 105 1 Elevation TOTAL 377 2 4 Page 115 of 186 The Zoning Ordinance would allow for two wall signs on separate building facades. The total allowable sign area„ with the freestanding sign, would be 300 square feet. The applicant has proposed two wall signs and one freestanding sign with a total of 407 square feet of signage. The applicant will need to reduce the size of the signs so that the total proposed signage would be less than 300 square feet. Sin Illumination. The proposed plans indicate that the signs will be lit from ground mounted fixtures. The signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. Architectural Guidelines. Facade Treatments The building will be required to have a definite base, middle and top at its front, side and rear facades. City Staff has asked the project architect to provide another option to provide more architectural interest on the northeast and southeast elevations. Revised diagrams are to be provided to the Planning Commission at the meeting. Ground Level Expression This is a one story building with a significant wood canopy at the front entrance facing Highway 5. The main entrance is well defined by the canopy and glass. Transparency The building uses glass on the front facade. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The building front, facing the Highway 5, is 36 percent transparent. The Planning Commission should comment on the lack of transparency on the Memorial Avenue building side. Entries The building features a prominent entry with a prominent canopy and glass. Roof Design The building has a flat roof. The rooftop mechanical equipment will be completely screened. 5 Page 116 of 186 Building Materials and Colors The applicant has provided a color perspective for review. The building will be a combination of textured concrete, wood and glass. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is not a franchise design. Site Design Guidelines Building Placement The proposed building: has a well-defined entrance and attractive front which is visible from Highway 5. Parkin Areas reas The parking area includes landscaped areas. Storm water Storm water will be addressed by the City Engineer. Pedestrian and Common Space Currently, there are no trails on Memorial Avenue. The current ditch and slopes prevents a trail from being constructed. The City will reserve the right to obtain easements along Memorial Avenue Forth to allow for future trails. Landscaping Building entrance plantings are required and are provided on the plans. City Staff has asked for additional landscaping to be added along the fence line on the northwest elevation. The overall landscaping plan is a very positive feature of the site. Trees/Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. Utilites/Service/Loading/Storage Areas Addressed elsewhere in the planning report. U hUn Addressed elsewhere in the planning report. Sianage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack will be required. The applicant should identify a location. 6 Page 117 of 186 CONCLUSION 1 RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow: • Lot Subdivision • Design Standards/Site Plan Review 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The site plan shall be subject to review and approval of the Fire Marshal. 3. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 4. The site plan shall be revised to include 18 additional proof of parking spaces so that the site will have a total of 106 parking spaces. 5. The landscape plan shall be subject to the review and approval of the City Arborist. Additional landscaping shall be added along the fence line of the northwest elevation. 6. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Valley Branch Watershed District. 7. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 8. A photometric plan is required for City staff review and approval. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 10. Sound levels generated from the site shall be in compliance with Section 401.15.8.11 of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. 11. The Applicant shall reduce the size of the signage so that the total proposed signage is less than 300 square feet. 12. All signs shall be designed to comply with the Zoning Ordinance requirements for cut off and illumination. 7 Page 118 of 186 13. The Applicant shall provide revised plans for the northeast and southeast elevations indicating compliance with the Design Guidelines relating to fagade design. 14. The Planning Commission should comment on the lack of transparency on the Memorial Avenue building elevation. 15. The Planning Commission shall comment on the building design and building materials. The applicant shall provide building material samples for Planning Commission review. 16. The City shall reserve the right to obtain easements, at no cost, along Memorial Avenue North to allow for potential trail construction. 17. A bike rack should be identified on the site plan and placed on site. 18. The Applicant shall discuss methods of construction and site design as it relates to sustainability with the Planning Commission pc: Julie Hultman S Page 119 of 186 PROJECT NARRATIVE EXHIBIT i CITY OF OAK PARK HEIGHTS RANGE 082 INDOOR SHOOTING Our proposal is to build a one of a kind indoor shooting range and retail destination in Oak Park Heights. This facility will provide a community, family friendly, safe and inviting environment for all levels of shooting sports enthusiasts. Range 082 Indoor Shooting is a 49,000 square foot entertainment facility incorporating five shooting bays, educational space and retail area. The shooting range will consist of 38 lanes (10 rifle, 10 training, 18 pistol). Top quality, state-of- the-art equipment from Action Target will make it a true Five Star Range. The five shooting bays allow for shooting competitions and competitive shooting tournaments, as well as individual practice. The 8500 square foot retail space will offer a wide variety of merchandise, including unique and high end items not generally offered at other sporting goods outlets. The retail space will also include a libraryttechnical center and concession area. Patrons will experience a safe and welcoming environment when they step in the door. Highly skilled and knowledgeable staff will assist all patrons, whether they are seasoned shooters or beginners. Classes will be offered and taught by certified professionals approved by the Minnesota BCA and NRA. Classes will range from beginner safety and personal defense to advanced marksmanship and tactical. Range 082 will be a year round destination which the City of Oak Park Heights can call a landmark for the community. a 8f'G Ii�GCU[�E 11200 Stillwater Blvd Suite 103 Lake Elmo, Minnesota 55042 651 748 1078 Page 120 of 186 40' y ,k I 4 r t 7�� 7 d f� A _ • p iT r, w a � " e 55 pp � i i i H. I� � � � � � � � 0E4DVX F. 4 C ®0Cl , d 1I ° 7 i E a +j= rl} b I I I � � Is } It .s e a u I E G 8®B 0!i 11� cc Q y` `sale UU 4K Z CL Q All A4 L PJ QJ9 \\\ wo 4 •etc^ 3 it WHO\ k ` Page 122 of 186 w � m ,s Yw +t of Y •Y �'� � X� %� � m � •' S 3vnixu GSn 64yfey�.��pQ��yrj 1 n .•S�y'6. V1 n N 00 C f...�.. _.._ . . nkt o s 2.o ' x z M 3>F71Xu H.MUM +fl ..,cam Page 123 of 186 MOB Y ALED3T105N W N T I N 4µ L I Project: Type. Prepared By: Date: Driver Info LED Info Type: Constant Current Watts: 105W 120V. 0.89A Color 7ernp 4000K(Neutral) 208V. 0.58A Color Accuracy, 82 CRI 240V: 0.50A L70 Lifespan: 100,000 277V: 0.44A Lumens: 7,604 Input Watts: 106W Efficacy: 72 LPW Specification grade area lights available in fES Type III distributions.For use for roadway, Efficiency: Bg general parking and other area lighting applications where a larger pool of lighting is required.Replaces up to 40OW metal halide.Patent pending thermal managemant system. 5 Year Warranty. Color:Bronze Weight:32.0Ibs Need help?Tech help tine:888 RAS-1000 Email:sales&abweb.corn Website www.rabweb.com Page 1 of 3 Copyright t 2014 RAS Lighting Inc.All Rights Reserved Note Specifications are subfect to change at any time without notice Page 124 of 186 ALED3T105N �F Technical Specifications Listings Effective Projected Area: Green Technology: UL Listing: EPA=0.75 Mercury and UV free,and ROHS compliant.Polyester Suitable for wet locations. Ambient Temperature: powder coat finish formulated without the use of VOC or toxic heavy metals. IESNA LM-79 8 LM-80 Teating: Suitable for use in 4o°C(104°F)ambient For use on LEED Buildings: LED luminaries have been tested by an temperatures. independent laboratory in accordance w m IESNA LM- Cold Weather Starting: IDA Dark Sky Approval means that this fixture can be 79 and LM-80,and have been recelved the used to achieve LEED Credits for Light Pollution Department of Energy'Lighting Facts"label. The minimum starting temperature is-40'Fl40'C. Reduction. DLC Listed: Thermal Management: Other This product is on the Design Lights Consortium(DLC) Superior thermal management with external Air-Flow Drivesr: Qualified Products List and is eligible for rebates from fins. Two Drivers,Constant Current,Class 2,1400mA,100- DLC Member Utlli ies. Housing: 27711,5016OHz,0.8A,Power Factor 99% Dark Sky Approved: Die-cast aluminum housing,lens frame and mounting California Title 24: The International Dark Sky Association has approved arm. See ALED3T1D5lBL,ALEp3T1051PCS, this product as a full cutoff,fully shielded luminaire. Mounting: ALED3T105MCS2,or ALED3TIOWCT for a 2013 LED Characteristics Heavy-duty mounting arm with'Q'ring sea!& California Title 24 compliant product.Any additional Lifespan: stainless steel screws component requirements will be listed in the Trtto 24 section under technical specifications on the product 100,000-hour LED lifespan based on IES LM-80 Reflector: page, results and TM-21 calculations. Spacular vacuum-metallized polycarhonate Warranty: LEDs: Gaskets: RAS warrants that our LED products will be free from Mufti-chip,high-output,long-fife LEDs High-temperature silicone gaskets detects in materials and workmanship for a period of five(5)years from the date of delivery to the end user, Color Stability: Finish: including coverage of light output,color stability,driver LED color temperature is warran5ed to shift no more Our environmentally friendly polyester powder coatings performance and fixture finish. than 200K in CCT over a 5 year period. are formulated for high-durability and long-lasting Country of Origin: Color uniformity: color,and contains no VOC or toxic heavy metals. Designed by RAS in New Jersey and assembfad in the RAB's range of CCT(Correlated Color Temperature) USA by RAB's IBEW Local 3 workers, follows the guidelines of the American National Buy American Act Compliant Standard for Specifications for the Chromaticity of . Solid State Lighting(SSL)Products,ANSI 078.377- This product is a COTS item manufactured in the 2011. Untied States,and is compliant with the Buy American Construction Act. IES Classification: Recovery Act(ARRA)Compliant: This product complies with the 52.225-21"Required The Type d distribution g ideal applications general Use of American Iron,Steel,and Manufactured parking and other area lighting applications where a larger pool of lighting is required.It Is Intended to be Goods—Buy American Act—Construction Materials located near the side of the area,allowing the light to (October 2010). Project outward and fill the area. Technical Specifications(continued) Other Electrical Optical Trade Agreements Act Compliant: THD: BUG Rating: This product is a COTS item manufactured in the 7.9%at 120V.16.8%at 27TV B1 UO G2 United States,and is compliant with the Trade gorge Protection: Agreements Act, GSA Schedule: 4kV Suitable in accordance with FAR Subpart 25.4. Need help?Tech help line 888 RAB-11100 Email sales @rabweb.com Websile:www.rabweb.com Page 2 of 3 Copyright©2014 RAS Lighting Inc-All Rights Reserved Note:Specifications are sublecl.to change al any lime without notice Page 125 of 186 ALED3T105N RAM L 1 O NTIr1a Dimensions Features ir,e° - svwun 66%energy cost savings vs.HID T10,0D0-hoar LED Respan 45, l urm Type III distribution 1 5-year warranty 15' MI C. Ordering Matrlx Family Distribution Watts Moats Color Temp Finish Voltage Photocell Dimming 01-Leval ALED 27=Type II 150=15OW =Arm =Cool =Bronze =120-277V =No Photocell =No Dimming a No B I-Level 3T=Type III 125=125W SF=Slipfitter Y=Warm W=White 1480=480V MC=120V Button 11310=Dimmable 1131-=Bi-Level 4T=Type IV 105 a 105W N=Neutral RG=Gray 1PC2=277V Button 1PCS=120V Swivel 1PC82=27TV Swivel 1PCT=120-277V TwisBock 1PCS4=480V Swivel IPCT4=480V Twistlock Need help?Tech help line'888 RAB-11 D00 Email.sales @rabweb.com Websile,www.rabweb.com Page 3 of 3 Copyrights 2014 RAS Lighting Inc.All Rights Reserved Note Specifications are subject to change at any time without notice Page 126 of 186 CANVAS78SFN L r q Project: Type: f f Prepared By: Date: Driver Info LED Info Type: Constant Current Watts: 78W 12OV: 0.82A Color Temp: 4000K(Neutral) 208V: 0.53A Color Accuracy: 82CRI 24OV: 0.46A L70 Lifespan: 100,000 277V: 0.40A Lumens 6,828 Input Watts: SOW Efficacy: 76 LPW Precision 6H x 4V optics make this 78W slipfitter floodlight a great choice for illuminating Efficiency: 87% large signs and building facades. Color:Bronze Weight:26.6lbs Technical Specifications Listings Mounting: Color Stability: UL Listing: 2 318`slipfiner mount with stainless steel hardware LED color temperature is warranted to shift no more Suitable for wet locations.Suitable for ground Lens: than 200K in OCT over a 5 year period. mounting. Color Uniformity: Microprismatic diffusion lens lox smooth and even light DLC Listed: distribution RAB's range of COT JCorrelated Color Temperature) This product is on the Design Lights Consortium IDLC} Reflector: follows the guidelines of the American National Qualified Products List and is eligible for rebates from Standard for Specifications for the Chromaticity of DLC Member U8litles. Vacuum-metalized,specular polyearbonate Solid State Lighting(SSL)Products,ANSI C78.377- IESNA LM-79&LM-80 Testing: Gaskets: 2011. RAB LED luminaires have been tested by an High-Temperature silicone Electrical independent laboratory in accordance with IESNA LM- Finish: Drivers: 79 and LM-80,and have received the Department of Constant current,Class 2,100-277V,50160 Hz,6kV Energy"Lighting Facts"label. Our environmentally friendly polyester powder coatings Surge Protection.72OmA,100-277V.0.4A,THD<20%, are formulated for high-durability and long-lasting Construction _ color,and contains no VOC or toxic heavy metals, Power Factor 89.7% IP Rating: Green Technology: THD: Ingress Protection rating of IP66 for dust and water Mercury and UV free,and RoHS compliant.Polyester 13.9%at 120V Effective Projected Area: powder coal formulated without the use of VOC or Optical w toxic heavy metals.EPA=1.z LED Characteristics NEMA Type: Cold Weather Starting: NEMA Beam Spread of 6H x 4V Minimum starting temperature is-40'F1-40'C LEDs' Replacement: Multi-chip,higtt-output,long-life LEDs Ambient Temperature: The GANVA578 replaces 250W MH floodlights. Other Suitable for use in 40°C(104°F)ambient temperatures Lifespan: 100,000-hour LED lifespan based on IES LM-80 Thermal Management: results and TM-21 calculations. California Title 24: Superior thermal management with external Air-Flow Color Consistency: See CANVAS78SF/BL for a 2013 Calitomia Tte 24 fins compliant product.Any additional component 3-step MacAdem Ellipse binning to achieve consistent requirements will be listed in the Title 24 section under Housing: fixture-to-fixture color. technical specifications on the product page. Precision die-cast aluminum housing and door trame Patents: The design of CANVAS is protected by pending patents in U.S.,Canada,China,Taiwan and Mexico. Need help?Tech help line:888 RAB-1000 Email:sales @rabweb.eom Vvebsile:www,rmbweb.com Page 1 of 2 Copyright 0 2014 RAH Lighting Inc.All Rights Reserved Note Specifications are subject to change at any time without notice Page 127 of 186 CANVAS78SFN L 1 M T I N O Technical Specifications(continued) Other Recovery Act(ARRA)Compliant: GSA Schedule: Country of Origin: This product complies with the 52.225.21'Required Suitable in accordance with FAR Subpart 25.4. Designed by RAS in New Jersey and assembled A the Use of American Iron,Steel,and Manufactured USA by RAB's IBEW Local 3 workers. Goods-Buy American Act-Construction Materials Buy American Act Compliant: (October 2010). This product is a COTS Item manufactured In the Trade Agreements Act Compliant: United States,and is compliant with the Buy American This product is a COTS Item manufactured In the Act, United States,and is compliant with the Trade Agreements Act. Dimensions Features Replaces 25OW MH Floodlights NEMA Type BH x 4V Ideal for signage&facades Ultra4ow field-to-beam ratio concentrates light where it's required Microprismatic diffusion lens optimizes light output without glare 17' Superior thermal management with patent-{lending"Airflow' 432 mm technology 100,000-Hour LED lifespan 23!8' 45' 60 mm 11.4` 241 mm\ `2.89 mm Ordering Matrix Famlty Watts Mount Color Temp Finish Photocell Bi-Level CANVAS 78=78W SF=Slipfitter =Cool =Bronze =No Photocell =No Bi-Level Y=Warm W=White 1PC=120V Sutton BL=Bi-Level N=Neutral 1PCS-120V Swivel fPC2=277V Button IPC52=277V Swivel Need help?Tech help line:888 RAS-000 Email:sales @rabweb.com Website www_rabweb.com Page 2 of 2 Copyrighl C 2014 RAS Lighting Inc.All Rights Reserved Note:Specifications are subject to change at anytime without notice Page 128 of 186 C as r Z a figg " �o g P LIU Lei co uj � a L�,j L---i 1 -7 Le ILF t I Ems. �od -LAI a f AK 00 0115 pi4q&1 Page 129 of 186 ti m s x w € m o o L6, u I� g Ey r LE co N I I m I D mmm 52 W L-- W LU x W= LU p W .tea J 4i r I II I I Page 130 of 186 co 04 `m wp tlIr L i N ca =4 LI °zh U G C f7 L Q mmu K gillq x W � W s Q o J � x A( y�rJ Page 131 of 186 q VI 01 t= < 0 z U.J 00 0 O 0 Yi i i�ig H Lu M: (D Ln All- o LU 0 -1 C) —1 1 1 1 z C) CL m < ui LZ Zn �j fly 4,f I RNA O E)z Page 132 of 186 OM I z Ow 5'9 c 1w I rc) a--"' , 0 0 g. 00 L) z z 0 gi Fmo 5=1 oa let M0 f, * r Ln t — be R E> i ul 4-0 oil lu ? ----------- Page 133 of 186 Z— IF whkn tic EZ it k's Li ws 4-7 Page 134 of 186 C%j An- w 1p assay 0 Z �w p 0� g WE r o - 0 b 2! 0 IN his P Q ash mo Ile il 0 Im I PON H 1 1 wo-1 14;N. jrNs"! v '11' 1 ip, Jill, jr. f Pi rR PHI I H! 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Sri t t 2 lit F` 3i Fir 1, - I i lit [fil l Nil N 'fit, p = p' Mw l. i Hill I I flip Is j t Hill I. i Ir it Page 141 of 186 A4ACT 1WTARGET r ■ ► k r n N t 9 r a Action Target Inc.Box 636,Provo,UT 84603-0636 801-377.8033 FAX:801-3774!I096 July 27,2015 RE: Environmental Waste Recovery and Removal Plan Dear Distinguished Committee, When the owners of Range 082 approached Action Target, Inc for help designing their shooting range one of their primary goals was for the range to not have a negative impact on the environment. We were able to address that concern directly as our indoor shooting range products are designed to be environmentally friendly,green technology. Range 082 selected range equipment that minimizes personal and environmental exposure to the lead waste generated from firearm ammunition.The primary piece of equipment is the Total Containment Trap(TCT), Action Target's patented bullet containment system. The TCT captures lead in two ways. First, when bullets enter the trap they are directed into a deceleration chamber where they lose energy and drop into a screw conveyor system trough or a 3-gallon bucket.The screw conveyor system will deposit the captured lead into a 55-gallon drum for recycling. If the trap uses the standard 3-gallon buckets,they arc removed when% full,a lid is put on and they are stored until ready for pick-up. The second way the TCT will capture lead is the Dust Collection Unit(DCU). The DCU creates a negative pressure inside the TCT and removes the dust generated when the bullets spin around the chamber.The dust is collected in 3-gallon buckets as well and is stored the same way as the buckets from the TCT. Range 082 will be able to sell the collected lead for recycling,rather than dumping it or throwing it away as hazardous waste. There is a significant demand for lead waste as many recyclers need it for batteries,new ammunition,etc. Range 082 will be able to decide in the future who they partner with for lead and brass recycling. There are likely local companies or national companies(i.e. Southern Bell Brass)that will come and pick up the lead/brass directly from the range which will further minimize environmental impact/exposure, The range ventilation system will also reduce customer and employee exposure to airborne contaminants.As a purge style system,the ventilation units will pull in outside air and push it into the ranges through a radial diffuser.The diffuser generates a laminar flow which pushes the air down range keeping contaminants away from shooters.Above the bullet trap,the air is sucked out of the range and filtered through pre-filters and HEPA filters so that the air leaving the range is more clean than it was when it entered. The ventilation system will be equipped with sensors and alarms that will notify employees when it is time to change the filters. Chris Hart Range Consultant, Territory Manger-Midwest Action Target (801)319-1314 cell chrish@actionterget.com Page 142 of 186 c � k Y � �vMkYY �,a`M1• ti' .n�•�L'Cb! 8 w�mYp w.t F ^dA pp}} h„ a.v W ry 4 Aq✓^�,"�� y2�� 4., t d \ � . � � . � � LAJ - ) f A - . , x , f r r . , i v „ ..,- .-. '•.''max.` .. . :, - _ y'.. , -f' t r , I . r ^ r p v f I ` f� y t f S r } � t" /f a c 1 1 t � , t _ � ' e, ,,.y��':{Ty/ Sit y� � hYf / � 3"�,"�1'S� i'�• EXHIBIT 2 4 From: Lisa Danielson Sent:Thursday,August 06,2015 9:23 AM Subject: Range 082 Landscape Plan Review OPH Staff- Kathy Widin and I have reviewed the landscape plan for the Range 082 Indoor Shooting proposed development, plans dated 7/15/15. Following are our observations and recommendations: 1. Plant Schedule-shows a good choice of species,some native or improved cultivars of natives. All plants chosen are hardy under local growing conditions, relatively insect and disease free and fairly low maintenance. There is good species diversity in the plan. Plant sixes conform to zoning ordinance requirements. 2. Plan-This is attractive and will complement the building well. The locations chosen for most plants are appropriate. The only exception would be the placement of thornless honeylocust in relatively small parking lot medians on the NE/SE side of the development and in the narrow median along the N side of the development. These trees can be very large at maturity and the parking lot medians and the north median will not allow enough rooting space for these trees to grow to a healthy maturity. We recommend replacing the honeylocust in the medians with six Japanese tree lilacs which are smaller ornamental trees and also have some resistance to de-icing salts. (This has been changed by the applicant, site review meeting 8/5/15.) Also at the meeting with the developer 8/5/15, it was recommended that shrubs and/or possibly ornamental grasses be planted along a wall facing the Memorial Ave.side of the property. 3. Planting Detail-this is acceptable. The landscape contractor for the development is required to plant trees according to the approved planting detail submitted with the approved landscape plan. This will be checked after planting and any deviations from the detail will need to be corrected before the landscaping will be approved by the City. Trees are not required to be staked after planting as long as they can stand erect on their own. 4.Several existing trees on the site are at the edge of the proposed lawn area and will not be removed. Please contact me if you have any questions regarding this landscape review. Please forward our comments to the development team for this project. OPH Arborist Page 147 of 186 Stantec ConsuIHng Servkes Inc. 2335 Highway 36 West EXHIBIT 2 5 5t.Paul MN 55113 n Tel:{651}636-4600 Stantec Fax: (6511636-1311 August 6, 2015 Mr. Eric Johnson,Administrator City of Oak Park Heights 14168 Oak Park Blvd. N., P.O. Box 2007 Oak Park Heights, MN 55082-2007 Reference: Range 082 Indoor Shooting Dear Eric, As requested,we have reviewed the submittals addressing the drainage Swale received via email on 8/4/2015 from the Range 082 applicants. Please see attached memo for our comments. If you have any questions or require further information, please feel free to contact me. Regards, STANTEC CONSULTING SERVICES INC. Cristino Mleinek, City Engineer cc: Andy Kegley-Public Works Director Julie Hultman-Building Official Scott Richards, City Planner Mark Vieriing, City Attorney Kathy Widin, City Arborist Design with community in mind Page 148 of 186 (3 Stantec Memo To: Cristina Miejnek From: Dan Edgerton St. Paul MN Office St. Paul MN Office File: 193800151 Date: August 5,2015 Reference: Stormwater Review: Range 082 Indoor Shooting,Oak Park Heights,MN The following is a stormwater review of the Range 082 Indoor Shooting submittal (7/20/2015, Stormwater Design including HydroCAD modeling, Elan). Summary: In general, the proposed design meets City stormwater requirements. Some additional information (highlighted in bold below) is required to finalize a stormwater review. Some specific comments: • Rate control and water qualify requirements are addressed by the existing regional pond immediately to the south of the site (Pond H36-9P). • The submitted HydroCAD modeling is acceptable. A drainage area map should be provided that Is consistent with the grading plan and HydroCAD modeling. • The NPDES Construction Stormwater Permit requirement of 1" of volume control from new impervious area is met with the use of two infiltration basins. Based on the submitted infiltration rate of 0.45"/hour, these basins will drain within the required 48 hours. A detail should be provided indicating that basin side slopes are be no steeper than 31-1:IV. • Emergency overflows from the infiltration basins are provided to convey the 100-year storm outflow. Details on the overflows,including erosion protection,should be provided indicating the design Is consistent with the HydroCAD modeling and that erosion will not be an Issue. • The storm sewer design was not reviewed in detail at this time. A drainage area map should be provided indicating the drainage areas to the storm sewers. • The cover over the three-15" culverts of the east end of the site appears to be less than 1'. Minimal erosion at this location would have the potential to expose these culverts, leading to further scour. Details on erosion protection at this location need to be provided. STANTEC CONSULTING SERVICES INC. Dan Edgerton Senior Associate Phone: (651) 604-4820 Don.Edgerton @stantec.com �oi rewacsoH\windows\temporary Hemet Hles\content_ooit loo4-,\2voludy8\cm_dje^memo_15DW5_ranpeo52stonnwater review.doCX Page 149 of 186 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY LORENE CLARK, REPRESENTING RANGE 082 INDOOR SHOOTING, FOR SUBDIVISION OF PROPERTY AND DESIGN STANDARDS/SITE PLAN REVIEW, TO DEVELOP THE SITE AND CONSTRUCT A BUILDING ON MEMORIAL AVENUE DRIVE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Lorene Clark, representing Range 082 Indoor Shooting for Subdivision of property and Design Standards/Site Plan Review to develop the site and construct a building on Memorial Avenue Drive for a retail store and indoor gun range, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3 Highway Business and Warehouse District in which retail stores and commercial recreation such as the indoor firearms range is a permitted use; and 4. The Subdivision is required to create the new lot, Oak Park Station Second Addition from the existing lot platted as Lot 2, Block 1 Oak Park Station; and 5. Design Guideline/Site Plan approval is required for the building design and site improvements; and 6. City staff prepared a planning report dated August 6, 2015 reviewing the request; and Page 150 of 186 7. Said report recommended approval of the Subdivision and Design Guideline/Site Plan review subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their August 13, 2015 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from Lorene Clark,representing Range 082 Indoor Shooting, for Subdivision of property and Design Standards/Site Plan Review to develop the site and construct a building on Memorial Avenue Drive for a retail store and indoor gun range, affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommends to the City Council of the City of Oak Park Heights approval of the Subdivision of property to Oak Park Station Second Addition and Design Standards/Site Plan approval subject to the following conditions: 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The site plan shall be subject to review and approval of the Fire Marshal. 3. The landscape plan shall be subject to the review and approval of the City Arborist. Additional landscaping shall be added along the fence line of the northwest elevation. 4. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Valley Branch Watershed District. 5. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.13.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 6. A photometric plan is required for City staff review and approval. 7. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 8. Sound levels generated from the site shall be in compliance with Section 401.15.5.11 of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. 2 Page 151 of 186 9. All signs shall be designed to comply with the Zoning Ordinance requirements for cut off and illumination. 10. The Planning Commission was favorable to the building design and building materials. The applicant shall provide building material samples for City Council review. 11. The City shall reserve the right to obtain easements, at no cost, along Memorial Avenue North to allow for potential trail construction. 12. A bike rack should be identified on the site plan and placed on site. Recommended by the Planning Commission of the City of Oak Park Heights this 13`x' day of August, 2015. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 152 of 186 ATTACHMENT A P. Subdivision, Site Plan & Design Guidelines Review Range 082 Indoor Shooting Range Washington County GEO Code: 06-029-20-13-0012 Legal Description: Lot 2, Block 1, Oak Park. Station Physical Address: XXXX Memorial Ave. N. Page 153 of 186 ATTACHMENT B Z4 1• Subdivision, Site Plan & Design Guidelines Review Mange 082 Indoor Shooting Range XXXX Memorial Ave. N. Application Materials • Application. Form • Fees ® Plan Sets • Written Narrative and Graphic Materials Explaining Proposal Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: July 8, 2015 & August 5, 2015 Planning Commission Review & Recommendation: August 13, 2015 Page 154 of 186 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY LORENE CLARK, REPRESENTING RANGE 082 INDOOR SHOOTING, FOR SUBDIVISION OF PROPERTY AND DESIGN STANDARDS/SITE PLAN REVIEW, TO DEVELOP THE SITE AND CONSTRUCT A BUILDING ON MEMORIAL AVENUE DRIVE, SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Lorene Clark, representing Range 082 Indoor Shooting for Subdivision of property and Design Standards/Site Plan Review to develop the site and construct a building on Memorial Avenue Drive for a retail store and indoor gun range, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3 Highway Business and Warehouse District in which retail stores and commercial recreation such as the indoor firearms range is a permitted use; and 4. The Subdivision is required to create the new lot, Oak Park Station Second. Addition from the existing lot platted as Lot 2, Block 1 Oak Park Station; and 5. Design Guideline/Site Plan approval is required for the building design and site improvements; and 6. City staff prepared a planning report dated August 6, 2015 reviewing the request; and Page 155 of 186 7. Said report recommended approval of the Subdivision and Design Guideline/Site Plan review subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their August 13, 2015 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Lorene Clark, representing Range 082 Indoor Shooting, for Subdivision of property and Design Standards/Site Plan Review to develop the site and construct a building on Memorial Avenue Drive for a retail store and indoor gun range, affecting the real property as follows:. SEE ATTACHMENT A The City Council of the City of Oak Park Heights hereby approves the Subdivision of property to Oak Park Station Second Addition and Design Standards/Site Plan approval subject to the following conditions: 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The site plan shall be subject to review and approval of the Fire Marshal. 3. The landscape plan shall be subject to the review and approval of the City Arborist. Additional landscaping shall be added along the fence line of the northwest elevation. 4. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Valley Branch Watershed District. 5. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 6. A photometric plan is required for City staff review and approval. 7. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 8. Sound levels generated from the site shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. 2 Page 156 of 186 9. All signs shall be designed to comply with the Zoning Ordinance requirements for cut off and illumination. 10. The City Council is favorable to the building design and building materials. The applicant shall provide building material samples for City Council review. 11. The City shall reserve the right to obtain easements, at no cost, along Memorial Avenue North to allow for potential trail construction. 12. A bike rack should be identified on the site plan and placed on site. Approved by the City Council of the City of Oak Park Heights this 25th day of August, 2015. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 157 of 186 ATTACHMENT A _ P Subdivision, Site Plan & Design Guidelines Review Range 082 Indoor Shooting Range Washington County GEO Code: 06-024-20-13-0012 Legal Description: Lot 2, Block 1, Oak Park Station Physical Address: XXXX Memorial Ave. N. Page 158 of 186 ATTACHMENT B p Subdivision, Site Plan & Design Guidelines Review Range 082 Indoor Shooting Range XXXX Memorial Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: .1u1N 8, 2015 & August 5, 2015 Planning Commission Review & Recommendatiow :\L11111st 13, 2015 Page 159 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 160 of 186 Oak Park Heights Request for Council Action Meeting Date August 25th 2015 Time Required: 5 Minutes Agenda Item Title: Consider Xcel Energy—5' Gas Easement Request Agenda Placement New Business Originating Department/Requestor Eric Johnson, Cif Administrator Requester's Signature Action Requested See Below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Summary: Xcel Energy is seeking to acquire a 5' easement for a 4"gas main replacement along Osgood Ave. we have been informed that the preferred area along the east side of Osgood Ave is fully utilized with other public utilities and cannot accommodate further underground piping. (Please see their enclosed letter—dated 7131115). Accordingly they are now looking at the west side of Osgood Ave, which is similarly tight, but could accommodate their needs if a 5' easement was secured from the various parties, including the City for 6130 Osgood and the City EDA 6180 Osgood. Enclosed is the proposed Easement language for each property which will be implemented for each parcel. Staff would revise each Easement langue to reflect correct ownership and final out any remaining issues. Comments: • The City does not have any of its own water, sewer or storm utilities in these areas and would largely be unaffected, service connections should be unaffected. • The proposed easements would be revocable by the City if the City needed Xcel to remove these pipelines for City Utility purposes. The City would be required to provide 270 days' notice and reimburse the amounts paid. This revocability does however keep the value down for such easements costs. • The proposed easements would be underground would not likely hamper any proposed development of future sale of these parcels as such pipeline would be well outside of a building setback and which would also likely need to be fed by adequate gas services. Recommended Action for the City Council: For the 6130 Osgood Ave—The City would be the required entity to extend the 5'easement for the 0130 Nood Ave, Parcel at a price of$1,000 subject to a final Easement Agreement suitable to the City Attomey Recommended Action UNDER THE EDA ACTION ITEM: For the 6180 Osgood Ave Property-The EDA would be required entity to extend the 5' easement for the 6180 Osgood Ave. Parcel at a price of$1,000 subject to a final Easement Agreement suitable to the City Attorney—The EDA could hold a short meeting at the end of the 8125115 meeting to manage this action. See the last item on the Council agenda. Enclosures: 1. Letter from Xcel Energy Dated 7131115 2. Scoping Drawing of Gas Main Pipeline—Note Xcel will need to secure permissions from other property owners as well as MVDOT to complete this project. 3. City Utility Drawings from City GIS System showing City lands and Utilities. Page 161 of 186 Xcel Energy NORTHERN STATES POWER 414 NICOLLET MALL.MP-7B MINNEAPOLIS,MN 55401 July 31, 2015 KF: Oak Park Heights—Osgood Avenue Natural Gas Pipe Relocation--Easement Request Dear Property Owner: Xcel Energy is in the process of installing a new two-inch gas main along Osgood Avenue to ensure safe and reliable gas service to our customers in your neighborhood. Our gas main is currently located underneath the Osgood Avenue roadbed. Typically, we would relocate our existing gas main into the public right-of-way area alongside Osgood Avenue. Due to the recent expansion of street pavement, there is no available space within the existing public right-of-way for the relocation of our gas main. We are contacting property owners to request a private utility easement in order for our company to complete our gas main improvement project. Our plan will be to install a new two-inch diameter pipe on the west side of Osgood Avenue. Our pipe will be installed using a directional bore method to minimize property impacts. Each adjacent property lot will have a 4' x 5' hole dug near the road and, if necessary (depending on current service pipe material), a smaller hole dug near your building in order for our gas technicians to complete the gas service line connection to your building. Xcel Energy will restore each property to as near its original condition as is possible and we will remove a]I debris, spoils and equipment resulting from or used in completing this pipe installation. Xcel Energy will be asking for a five foot 'vide easement on your property adjacent to i Av enue for the placement of the new neighborhood gas main. This five foot wide corri l run adjacent to the public right-of-way. We will be offering a dollar value of$1,000.00 for the gas easement. The easement would allow Xcel Energy staff access onto the designated five foot wide strip of land for general maintenance and emergency purposes. We request your signature(s) of acceptance (by all parties in title and notarized) on the enclosed easement document. We have enclosed an addressed/postage-paid envelope for the return of the signed easement document. Once the document is returned to us, a check in the above amount will be sent to you. It would be appreciated if we could receive easement documents by August 10, 2015, so that we can complete our work in a timely manner. If you have any questions regarding our project or the easement request, please feel free to contact: Page 162 of 186 Page 2 of 2 713112015 Dan Strandquist Bonnie Anderson Gas Designer Siting& Land Rights Agent (651) 779-3132 (612)330-6241 dailiel.r.strande uist'ir,xcelenerg xoni bonnie.i.andei•son(cz�xcelener�iv com We would be happy to make arrangements to meet with you at your property to discuss the project in greater detail. Please call us to arrange such a meeting. Thank you for your attention to our easement request. We are committed to providing your home and/or business with safe and reliable natural gas service and we appreciate having you as a customer. Sincerely, Bonnie Anderson�,r Land Rights Agent Page 163 of 186 ZP012 CM 08/19/2015 LET 31' rc Uv I- L ---------—------- -------- -----7PF---------------------------- 75' 37' 12 4' 14759 14779 U) + + 00 (0 + C) +L 0 6208 PAR + 2"PEA — ---------------- CLIINICI ----------- 23' 6143 6 6148 157 + + + CD 6143 ---------------------- CO + . .. ...... 201 e + 6061 6118 14702 + temp cut sink hole fix 7� MT 0.i YdARAMT�Eg�F%ITrtS6fR C, ce) + 0 -1-- Z ma.Wq o� 114'i I I I 7 XbWO-W of 1 4' 4w, AM C11 180 5 ' Gas Utility Easement o, - q a s �. 0 .r es 5 ' Gas Utility Easement 7 , W� 130 Pip P �X r . M1 yy— 1 r a ity Utiiitie wet pipe City of Oak Park Heights i:..-.�� .... r e f-.t6S Del P,�H�vA�.Hac_N-.4•.P,ui'.3risan.\A SsCB� 0 55 110 220 ""� 440 ' strm_pipe _ asr.urcx--- a�- rtr a '.� Feet San i e �___..._..... Pag9L_j65_of 186 _-_- _a c� . N. ' � f lx 1 rl ��I f4 nM o- . 5y .e y r 47 s r . .Y 111 - y• � �� •,,. ,, .... fit.. � �.: �G V ,w ` 5 ' Gas Utility Easement WO r m a ^a t a cr m , ,5. a... y . . , 11 1 ,.... ,� w �-W- ix r M y v 1 5. a 4 , v b ^ A {+'.y ' t F Y u -y '^' w`rM 5 •• 1 w � ^ m u 4"" x 7—ini'll dc w r: ., a 12.5 25 so rs Sao 5 Gas Utility basement ntr a � qty Uti I itie Wit_pipe r- City of Oak Park Heights is r „1 �r wWk' �"�, 1 IfiB Oak Pai B•d.� S Do O4PmlY gh }R:SS63 Phax{ 1)a39 u 9 F (6 11439-U- J �- - strm_pipe 0 25 50 ' 100. 150 200 s Aa�zsal�«' �..1 eel �� � z �� �� San_pipe ARag 166of1$6 " m r—i 1 6130 Osgood Ave. - �r GAS PIPELINE EASEMENT KNOW ALL BY THESE PRESENTS, That the undersigned, The 4 Oak Park Heights, hereinafter called "Grantor", in consideration of the sum of One Thousand Doll 0.00) and other good and valuable consideration to Grantor in hand paid by NORTHERN POWER COMPANY, a Minnesota Corporation, d/b/a Xcel Energy, hereinafter called "NSP", tl> receipt and sufficiency whereof is hereby acknowledged, do hereby grant unto NSP, its successors and assigns, subject to the terms hereof,the perpetual right, privilege and easement to excavate far, construct,operate, maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other appurtenances and devices used or useful in the operation, maintenance and use of said gas pipelines, under and through the following described lands situated in the County of Washington and State of Minnesota,(hereinafter called"Premises")to wit: 6130 Osgood Ave: The North 131 feet of the East 362.8 feet of Block 4, Summit Park, Washington County, Minnesota. (only those lands owned by the City—See MNDOT Ownership) (Abstract) Except for the right of access, tree trimming and temporary working area, said easement shall be limited to that part of the Premises (hereinafter called "Easement Area" as depicted on attached Exhibit A) described as follows: The East 5 feet of the above described Premises, lying west of, adjacent to and parallel with the west right of way line of Osgood Avenue North. The rights granted herein may be exercised at any time after the execution of this document by all parties. The Grant of Easement herein contained shall include the right to enter upon the Premises to survey for and to mark said gas pipelines and shall include the right to remove from said Easement Area any structures, trees or objects, except fences, streets, curbs, parking and gutters, and landscaping (hereinafter called "Improvements"), which in the opinion of NSP will interfere with construction and maintenance of said gas pipelines. Gas pipeline shall only be within the easement areas. NSP shall restore all site conditions once any work is completed to the satisfaction of the Grantor. The Grant of Easement herein contained shall include the right of NSP to have reasonable access to Easement Area across the Premises adjacent thereto and shall also include the right of reasonable Page 1 of 3 Rev 7-19-06 Page 167 of 186 temporary use by NSP of the Premises adjacent to the Easement Area during construction, repair, replacement and maintenance of the gas pipelines,for additional construction area. The Grant herein contained shall also include the right of NSP to erect, at any time prior to or after the construction of the said gas pipelines, reasonable signs for the purpose of monumenting the location of the pipelines. The Grant herein contained shall also include the right of NSP from time to time to reconstruct or relocate said gas pipelines,valves and appurtenances within the Easement Area. Grantor reserves the right to pave, install curbing, resurface, locate trails and other elements typically found in urban right of ways, cultivate, use and occupy the Easement Area except that Grantor shall not erect any structures or other objects, permanent or temporary, or plant trees thereon. Grantor also reserves the right to dedicate and have or permit to be improved, maintained, and used for the purpose of Improvements, the portion of the Easement Area not occupied by said gas pipelines, on the condition that said Improvement do not alter the existing ground elevations,s ificantly, nor do they impair the structural integrity of said gas pipelines. Before installatio e above-mentioned Improvements, Grantor shall contact NSP for the purpose of locating said gas ees and obtaining p j P prior written approval to install the Improvements within the Easement Area,which all not be unreasonably withheld or delayed. NSP shall pay for all the direct and consequential damages to surface improvements, landscaping, roads and driveways, fences, livestock, crops and fields caused by the construction or maintenance of said gas pipelines. The rights herein granted are subject to existing rights of way heretofore granted and recorded across any part of the lands affected by this easement. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. The provisions hereof shall inure to the benefit of and bind the successor and assigns of the respective parties hereto and all covenants shall apply and run with the land. Grantor agrees to execute and deliver to NSP without additional compensation the additional documents needed to correct the legal description of the Easement Area to conform to the right of way actually occupied by the pipelines. Grantee shall provide an "as built" survey on the gas line placement to Grantor within 30 days of completing its placement. Grantee shall indemnify and hold Grantor harmless with respect to any damage or injury caused by the gas line, its placement, maintenance or replacement. Failure to supply the as-builts in the form required by the City Engineer will result in the revocation of the easement. Following the installation of the gas line, should the future location of municipal utility infrastructure in the area of the easement create a conflict that cannot reasonably be resolved the Grantor shall provide 270 days advance notice to Grantee to remove its gas line facilities and vacate the easement. Grantor shall also return the consideration paid for this easement to Grantee and this easement shall thereupon terminate. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that any modifications, additions or changes to the terms hereof shall be in writing and that no verbal representations or statements,modifying,adding to or changing the terms hereof have been made. Page 2 of 3 Page 168 of 186 This instrument is exempt from the Documentary Tax of the State of Minnesota. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of 2015. City of Oak Park By: Its: STATE OF MINNESOTA ) )SS. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2015, by its of City of Oak Park Heights,a Minnesota Corporation,on behalf of the corporation. Notary Public This instrument was drafted by: BJA Northern States Power Company 414 Nicollet Mall,MP-713 Minneapolis,MN 55401 Abstract&Torrens 2015.0485 Page 3 of 3 Page 169 of 186 FOR 6180 Osgood Ave. JE- D p` GAS PIPELINE EASEMENT KNOW ALL BY THESE PRESENTS, That the undersigned, The City o eights Economic Development Authority, hereinafter called "Grantor", in consideration of th u of One Thousand Dollars ($1000.00) and other good and valuable consideration to Grantor in han paid by NORTHERN STATES POWER COMPANY, a Minnesota Corporation, d/b/a Xcel Energy, hereinafter called "NSP", the receipt and sufficiency whereof is hereby acknowledged, do hereby grant unto NSP, its successors and assigns, subject to the terms hereof, the perpetual right, privilege and easement to excavate for, construct, operate, maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other appurtenances and devices used or useful in the operation, maintenance and use of said gas pipelines, under and through the following described lands situated in the County of Washington and State of Minnesota,(hereinafter called"Premises")to wit: 6180 Osgood Ave. The East 181 feet of the North 83.3 feet of Block 5 and the East 181 feet of the South 1/2 of Myron Street within the plat of SUMMIT PARK, lying adjacent to and West of Osgood Avenue North, SUMMIT PARK. (Torrens Certificate of Title No. 71203) Except for the right of access, tree trimming and temporary working area, said easement shall be limited to that part of the Premises (hereinafter called "Easement Area" as depicted on attached Exhibit A) described as follows: The East 5 feet of the above described Premises, lying west of, adjacent to and parallel with the west right of way line of Osgood Avenue North. The rights granted herein may be exercised at any time after the execution of this document by all parties. The Grant of Easement herein contained shall include the right to enter upon the Premises to survey for and to mark said gas pipelines and shall include the right to remove from said Easement Area any structures, trees or objects, except fences, streets, curbs, parking and gutters, and landscaping (hereinafter called "Improvements"), which in the opinion of NSP will interfere with construction and maintenance of said gas pipelines. Gas pipeline shall only be within the easement areas. NSP shall restore all site conditions once any work is completed to the satisfaction of the Grantor. The Grant of Easement herein contained shall include the right of NSP to have reasonable access to Easement Area across the Premises adjacent thereto and shall also include the right of reasonable Page 1 of 3 Rev 7-19-06 Page 170 of 186 temporary use by NSP of the Premises adjacent to the Easement Area during construction, repair, replacement and maintenance of the gas pipelines, for additional construction area. The Grant herein contained shall also include the right of NSP to erect, at any time prior to or after the construction of the said gas pipelines, reasonable signs for the purpose of monumenting the location of the pipelines. The Grant herein contained shall also include the right of NSP from time to time to reconstruct or relocate said gas pipelines,valves and appurtenances within the Easement Area. Grantor reserves the right to pave, install curbing, resurface, locate trails and other elements typically found in urban right of ways, cultivate, use and occupy the Easement Area except that Grantor shall not erect any structures or other objects, permanent or temporary, or plant trees thereon. Grantor also reserves the right to dedicate and have or permit to be improved, maintained, and used for the purpose of Improvements, the portion of the Easement Area not occupied by said gas pipelines, on the condition that said Improvement do not alter the existing ground elevations significantly, nor do they impair the structural integrity of said gas pipelines. Before installation .of th'&. above-mentioned Improvements, Grantor shall contact NSP for the purpose of locating said gas pipelines and obtaining prior written approval to install the Improvements within the Easement Area,which apprp4VI'al lI not be unreasonably withheld or delayed. NSP shall pay for all the direct and consequential damages to surface improvements, landscaping, roads and driveways, fences, livestock, crops and fields caused by the construction or maintenance of said gas pipelines. The rights herein granted are subject to existing rights of way heretofore granted and recorded across any part of the lands affected by this easement. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. The provisions hereof shall inure to the benefit of and bind the successor and assigns of the respective parties hereto and all covenants shall apply and run with the land. Grantor agrees to execute and deliver to NSP without additional compensation the additional documents needed to correct the legal description of the Easement Area to conform to the right of way actually occupied by the pipelines. Grantee shall provide an "as built" survey on the gas line placement to Grantor within 30 days of completing its placement. Grantee shall indemnify and hold Grantor harmless with respect to any damage or injury caused by the gas line, its placement, maintenance or replacement. Failure to supply the as-builts in the form required by the City Engineer will result in the revocation of the easement. Following the installation of the gas line, should the future location of municipal utility infrastructure in the area of the easement create a conflict that cannot reasonably be resolved the Grantor shall provide 270 days advance notice to Grantee to remove its gas line facilities and vacate the easement. Grantor shall also return the consideration paid for this easement to Grantee and this easement shall thereupon terminate. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that any modifications, additions or changes to the terms hereof shall be in writing and that no verbal representations or statements,modifying,adding to or changing the terms hereof have been made. Page 2 of 3 Page 171 of 186 Y This instrument is exempt from the Documentary Tax of the State of Minnesota. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of , 2015. City of Oak Park Heights Economic Development Authority �� I By: Ilse U '-'+• �"� r' A,: STATE OF MINNESOTA } )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2015, by its of City of Oak Park Heights Economic Development Authority, a Minnesota Corporation, on behalf of the corporation. Notary Public This instrument was drafted by:BJA Northern States Power Company 414 Nicollet Mall,MP-713 Minneapolis,MN 55401 Abstract&Torrens 2015.0485 Page 3 of 3 Page 172 of 186 P- - Oak Park Heights Request for Council Action Meeting Date: August 25, 2015 Time Required: 5 min Agenda Item Title: Alcohol Compliance Violation— SuperAmerica, Neal Ave Location Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Schedule Hearing to Show Cause— SuperAmerica,Neal Ave Location Background/Justification: On August 12, 2015 the Oak Park Heights Police Dept. conducted routine Alcohol 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 21 year old volunteer. The volunteer entered the business attempting to purchase alcohol. The clerk did ask for identification and was provided the volunteer's real driver's license showing the volunteer to be under 21. The clerk completed the sale of alcohol. The under 21 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- 1St violation misdemeanor offense. The merchant has not had a previous violation. In conformance with OPH Resolution 00-07-39, 1 recommend the council schedule a Hearing to Show Cause on September 22'd, 2015 with the purpose of reviewing the incident for imposition of a $500 sanction. Page 173 of 186 � F POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS IN 14168 Oak Park Blvd. N. •P.O. Box 2007 Brian DeRosier + Oak Park Heights, Minnesota 55082 Chief of Police Telephone: (651)439-4723 ® Fax: (651)439-3639 Emergency: 911 August 25t�, 2015 SuperAmerica 5804 Neal Ave No. Oak Park Heights, MN 55082 Dear Sir or Madam; In response to an alcohol sale violation investigated by the Oak Park Heights Police Department on August 12, 2015, the city council has ordered a hearing to show cause involving alcohol license implications. On the date 08-12-2015 one of your employees allowed the purchase of alcohol to under 21 year old persons. The report of the incident is attached. The suspect employee is being criminally charged separately under MNSS 340A.503 Sub 2-1 as a Gross Misdemeanor criminal violation. As part of this violation the City Council of Oak Park Heights in accordance with OPH Resolution#00-07- 39 is conducting a hearing to show cause with a presumptive $500.00 civil sanction against your liquor license. You have the ability under city resolution to be heard at a hearing to show cause. This hearing is scheduled to take place at the council meeting September 22nd, 2015 at 7pm. If you choose to waive the hearing you can pay the civil sanction of$500.00. If you choose to waive the hearing and pay the sanction,you need to notify myself prior to the hearing date. If you have questions please call me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 174 of 186 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA IN RE: LICENSE # 15-02BF TO SELL Liquor, Wine, Club or 3.2 Malt Beverages, OFF Premises Consumption ORDER TO SHOW CAUSE TO: Northern Tier Retail dba SuperAmerica#4549,5804 Neal Ave No.,Oak Park Heights MN 55082. 1. 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 September 22'd, 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 cause 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 Liquor,Wine,Club or 3.2 Malt Beverage for On Premise Consumption,License# 15-02BF; as had been previously issued by the City of Oak Park Heights to Northern Tier Retail dba SuperAmerica#4549,5804 Neal Ave No.,Oak Park Heights MN 55082. 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 Alcohol to a under 21 year old person as occurred on your premises on August 18,2015, PLEASE BE ADVISED, that under resolution 00-07-39 previously adopted by the city council you face a presumptive fine involving $500.00. This presumptive imposition of sanction against #15-01W license is authorized by City Ordinance. ALSO BE ADVISED, that you may elect not to oppose the presumptive fine and contact the Chief of Police for the City of Oak Park Heights to discuss the terms of fine payment. Dated this 25th day of August,2015 BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police 651439-4723 Page 175 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 176 of 186 Oak Park Heights Request for Council Action Meeting Date: August 25, 2015 Time Required: 5 min Agenda Item Title: Alcohol Compliance Violation - Chipotle Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Schedule Hearing to Show Cause - Chipotle Background/Justification: On August 12, 2015 the Oak Park Heights Police Dept. conducted routine Alcohol compliance checks on all vendors licensed within the city of Oak Park Heights, MN. During the compliance check an officer of the OPH F.D. was assisted by a less than 21 year old volunteer. The volunteer entered the business of Chipotle attempting to purchase alcohol. The clerk did ask for identification and was provided the volunteer's real driver's license showing the volunteer to be under 21. The clerk completed the sale of alcohol. The under 21 year old volunteer completed the transaction using US Currency that was provided by the OPH F.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 - I"violation misdemeanor offense. The merchant Chipotle has not had a previous violation. In conformance with OPH Resolution 00-07- 39, I recommend the council schedule a Hearing to Show Cause on September 22"d, 2015 with the purpose of reviewing the incident for imposition of a$500 sanction. Page 177 of 186 POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 14168 Oak Park Blvd. N. • P.O. Box 2007 Brian DeRosier Oak Park Heights, Minnesota 55082 Chief of Police Telephone: (651) 439-4723 € Pax: (651)439-3639 Emergency: 911 August 25`x', 2015 Chipotle Mexican Grill 13315 60`x'St No. Oak Park Heights, MN 55082 Dear Sir or Madam; In response to an alcohol sale violation investigated by the Oak Park Heights Police Department on August 12, 2015,the city council has ordered a hearing to show cause involving alcohol license implications. On the date 08-12-2015 one of your employees allowed the purchase of alcohol to under 21 year old persons. The report of the incident is attached. The suspect employee is being criminally charged separately under MNSS 340A.503 Sub 2-1 as a Grass Misdemeanor criminal violation, As part of this violation the City Council of Oak Park Heights in accordance with OPH Resolution#00-07- 39 is conducting a hearing to show cause with a presumptive $500.00 civil sanction against your liquor license. You have the ability under city resolution to be heard at a hearing to show cause. This hearing is scheduled to take place at the council meeting September 22rnd, 2015 at 7pm. If you choose to waive the hearing you can pay the civil sanction of$500,00. If you choose to waive the hearing and pay the sanction, you need to notify myself prior to the hearing date. If you have questions please call me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 178 of 186 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA IN RE: LICENSE # 15-OIW TO SELL Liquor, Wine, Club or 3.2 Malt Beverages, On Premises Consumption ORDER TO SHOW CAUSE TO: Chipotle Mexican Grill/Colorado LLC dba Cbipotle Mexican Grill#653,13315 60'" St North , Oak Park Heights MN 55082. 1. At the direction of the City Council for the City of Oats Park Heights, it is bercby ordered that you, or your representatives,appear before the City Council of the City of Oak Park Heights at 7A0 p.m,on September 22°6, 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 cause 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 Liquor,Wine,Club or 3.2 Malt Beverage for On Premise Consumption, License# 15-01 W; as had been previously issued by the City of Oak Park Heights to Chipotle Mexican Grill/Colorado LLC dba Chipotle Mexican Grill#653,13315 60th St North,Oak Park Heights MN 55082. Specifically,you should show cause why your license as referenced above should not be suspended,revolted or other sanctions imposed by the City of Oak Park Heights as a result of illegal sales of Alcohol to a under 21 year old person as occurred on your premises on August 18,2015. PLEASE BE ADVISED, that under resolution 00-07-39 previously adopted by the city council you face a presumptive fine involving $500.00. This presumptive imposition of sanction against #15-01W license is authorized by City Ordinance. ALSO BE ADVISED,that you may elect not to oppose the presumptive fine and contact the Chief of Police for the City of Oak Park Heights to discuss the terms of fine payment. Dated this 25th day of August,2015 BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police 651-439-4723 Page 179 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 180 of 186 Oak Park Heights Request for Council Action Meeting Date August 25th 2015 ,..__..._..._..._---- Time Required: S Minutes Agenda item__ Title; nsi r Pr viding a WriAgn C omm ication D T—R u in Improved Signage and Surface Markings South Frontage Road and Osgood Ave. Agenda Placement New Business Originating Department/Requestor Mayor Maly McComber Requester's Signature Action Requested See Below Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City Council to consider the sending of a written communication to MNDOT, for the Mayor to sign, encouraging the installation of additional signage or roadway surface markings at the intersection of the South Frontage Road and Osgood Ave that would foster better driver information as to how to move around and through such intersection and areas. Page 181 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 182 of 186 Oak Park Heights Request for Council Action Meeting Date August 25, 2015 Agenda Item Title: Set Date, Time, and Location for 2016 Party in the Park Time: 2 min. Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Set Date, Time, and Location for 2016 Party in the Park Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) National Night Out in 2016 is Tuesday, August 2. Please discuss whether you wish to continue to hold Party in the Park on National Night Out, and set the location and time for the event in 2016. Page 183 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 184 of 186 Oak Park Heights Request for Council Action Meeting Date August 25, 2015 Agenda Item City Council Meeting Dates—2016 Time Req. 0 Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature ZQ Action Requested Set dates for 2016 meetings Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). City staff is in the process of preparing the 2016 City Calendar. Please review the regular meeting dates, make any changes, and approve the calendar. I have noted a couple of dates that will need to be changed. January 12 January 26 February 9 February 23 March 8 March 22 April 12 April 26 May 10 May 24 June 14 June 28 July 12 July 26 August 9 —Primary Election Day—no public meetings to be held according to State Statute August 23 September 13 September 27 October 11 October 25 November 8—General Election Day—no public meetings to be held according to State Statute November 22 December 13 December 27 Page 185 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 186 of 186