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12-08-15 Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, DECEMBER 8, 2015 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Alle iance/A val of Agenda Estimated tames 7:05 p.m. H. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff 7:10 p.m. III. Visitors/Public Comment This is an opportunity For the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:15 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—November 10, 2015 (pg.3) C. Approve 2016 Cab Licenses for F.D.S. Enterprises dba A. Taxi/Stillwater Taxi (pg. 7) D. Adopt Resolution for 2016 Liquor, Tobacco, and Amusement License Renewals (pg.9) E. Approve Resolution Granting the Application of Spring Lake Park Lions Club to Conduct a One-Day Gambling Event at Heights Hall and Club on December 13, 2015 (pg. 13) F. Approve 2016 Area Charge for Connection to Water, Sewer and Storm Sewer Systems (pg. 17) G. Approve Resolution Designating 2016 Checking and Bank Depositories (pg.23) H. Approve Resolution for Certification of Delinquent Utilities (pg. 15) I. Adopt Sanitary Sewer Maintenance Policy Update and Response Policy(pg. 31) J. Approve Resolution—Summary of Ordinance Amendments to 401.15 G and 401.02 B—Relating to Signage(pg.41) K. Approve A-1 Excavating, Inc. 5h Payment for 2015 Street and Utility Reconstruction(pg. 47) L. Approve Home Occupation Permit Renewals for 2016 (pg. 55) M. Authorize Rink Attendant Hire(pg. 57) N. Adopt Amended CC 102 Master Fee Schedule(pg. 59) 7:20 p.m. V_ Public Hearings A. Proclamation of Achievement—Patrick Balfanz(pg. 63) B. Truth in Taxation—2016 Budget Presentation(pg. 65) 7:40 p.m. VI. Old Business None Page 1 of 200 Agenda December 8,2015 Page 2 7:40 p.m. VII. New Business A. MAACO Conditional Use—5956 Osgood Avenue—Conditional Use Permit Review(pg. 97) B. St. Croix Valley Wastewater Treatment Plant—6163 St. Croix Trail North— Expansion of Existing Vehicle Storage Building—Conditional Use Permit(pg. 125) C. Resolution Approving the 2016 Tax Levy(pg. 155) D. Resolution Approving the 2016 Budget(pg. 157) E. No-Fault Insurance Coverage (pg. 159) F. Consider Adoption of Cost Participation Policy on Contributing Flows to City Sanitary Sewer and Storm Water Systems (pg. 169) G. Consider Ordinance Amendments to 1401 —Regulating Wagon Vendors—Food Trucks (pg. 171) H. Ordinance 1302 and Boulevard Tree Removal/Re-Planting Policy Updates (pg. 177) 8:20 p.m. VIII. Other Council Items or Announcements 8:25 p.m. IX. Adjournment Page 2 of 200 Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Approve City Council Minutes—November 10 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requestor A 'nistration/Jennifer Pinski Requester's Signature n. Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 200 CITY OF OAK PARK HEIGHTS TUESDAY, NOVEMBER 10, 2015 CITY COUNCIL MEETING MINUTES I. Call to Order/Pled a of Alle 'ance/A roval of A ends: Mayor McComber called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling,Public Works Director Kegley, Finance Director Caruso, City Planner Richards, and City Engineer Mann. Absent: None. Councilmember Swenson, seconded by Councilmember Liljegren,moved to approve the Agenda. Carried 5-0. H. Council/Staff Reports: A. Mayor McComber: She reported that she participated in an interview by KSTP regarding the census; she attended the National League of Cities conference the previous week; she would be attending the Department of Transportation cost-participation meeting on Thursday; the next Parks Commission meeting was set for November 16; and she thanked Veteran's and their families in honor of Veterans Day. B. Councilmember Dougherty: He reported that the Middle St. Croix Watershed Management Organization's next meeting was set for November 12 at 7:00 p.m. C. Councilmember Lijegren: He reported that the next Planning Commission meeting was set for November 12 at 7:00 p.m. D. Councihnember Runk: No report. E. Councilmember Swenson: He reported that all cameras were replaced in the Council Chambers. He also reported that Kathy Cinnamon was stepping down and a personnel committee was formed to get a job description and replacement. F. Staff: City Attorney Vierling reported that the City Council held a closed session regarding 5499 Oakgreen Avenue North, where they received information and direction and did not take any votes. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills& Investments B. Approve City Council Minutes—October 27, 2015 Page 4 of 200 City Council Meeting Minutes November 10, 2015 Page 2 of 3 C. Approve City Council Worksession Notes—October 27,2015 D. Approve Veteran's Day Proclamation—November 11, 2015 E. Approve 4th Payment Request for A-1 Excavating, Inc. for 2015 Street Reconstruction Councilmember Swenson pulled Item D so the Proclamation could be read aloud. Councilmember Swenson, seconded by Councilmember Dougherty,moved to approve the remainder of the Consent Agenda. Roll call vote taken. Carried 5-0. Mayor McComber read the Veteran's Day Proclamation. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Proclamation. Carried 5-0. IV- Public Hearings: None VI. Old Business: None VII. New Business: A. Stillwater Area High School—Addition and Renovations—5701 Stillwater Blvd N—CUP Amendment: City Planner Richards read his report which was included in the City Council meeting packet for that evening. Todd Ames came forward and informed the City Council that he had tried many times in the past to reserve fields at the Stillwater High School but was not able to because grass was growing which he thought would not be a problem in the fixture with a turf field. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. Councilmember Swenson requested the School District look into the timing of the lights at Neal Avenue and 58th Street to help eliminate stacking. B. Washin on County Reguest for Su ort—CSAH 26 Re-Alignment— State Aid Variance: City Administrator Johnson reported that Washington County was requesting the City provide a letter of support for their proposal for a variance from State Aid Standards for curve speed on State Aid Highways. He stated the draft letter offered support of the concept but reiterated that the City was not providing Municipal Consent. Page 5 of 200 City Council Meeting Minutes November 10, 2015 Page 3 of 3 Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the letter supporting the variance with staff to put in there that they were not approving the project. Carried 5-0. C. Water and Sewer Rate Studv: Finance Director Caruso provided a presentation on the rate study. She proposed an increase in sewer rates and not water rates. Councilmember Runk, seconded by Councilmember Swenson,moved to approve the Resolution. Roll call vote taken. Carried 5-0. D. Well#2 Maintenance/Rehab: Public Works Director Kegley requested the City Council approve up to a$75,000 expenditure for well #2 maintenance and rehabilitation. Councilmember Runk, seconded by Councilmember Liljegren,moved to authorize staff to sign a contract with Keys Well Drilling for Well#2. Carried 5-0. E. Oak een Commons Expansion—Request to Reduce City Fees: City Administrator Johnson reported that Developer Tim Nolde requested the City consider reducing fees related to the issuance of revenue bonds to finance the senior care facility. No action taken. VIII. Other Council Items or Announcements: None X. Adjournment Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjoum the meetinPFat 7:45 p,m, Carried 5-0, Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 6 of 200 Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Approve 2016 Cab Licenses for F.D.S. Enterprises dba A. Taxi/Stillwater Taxi 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). F.D.S. Enterprises dba A. Taxi/Stillwater Taxi has made application for renewal of their 2016 cab licenses. The license fee has been paid and the vehicle inspections are being completed. I recommend approval of the application. Page 7 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 200 nh, Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Adopt Resolution for 2016 Liquor, Tobacco and Amusement License Renewals Time Req. 0 Agenda Placement Consent Originating Department/Requestor A stration/Jerinifer 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). I request adoption of the attached Resolution pending completion and passing of background checks by the Oak Park Heights Police Department. Page 9 of 200 CITY OF OAK PARK HEIGHTS RESOLUTION 15-12-41 A RESOLUTION APPROVING PROPOSED ANNUAL LIQUOR, TOBACCO,AND AMUSEMENT LICENSES WHEREAS, the City Council for the City of Oak Park Heights has received applications for the year 2016 liquor, tobacco, and amusement licenses from businesses located within the City limits. NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Oak Park Heights that the licenses outlined in Exhibit A are hereby approved. Passed by the City Council of Oak Park Heights this 8th day of December, 2015. Mary McComber Mayor Attest: Eric A, Johnson City Administrator Page 10 of 200 EXHIBIT A CITY OF OAK PARK HEIGHTS 2026 LICENSES Off-Sale Liquor Licenses Kowalski Companies Inc. dba Kowalski Is Market LaPalao Companies LLC dba Liquor Time Wal-Mart Stores, Inc. dba Wal-Mart Store#1861 On-Sale Liquor Licenses Apple Minnesota LLC dba Applebee's Neighborhood Grill &Bar Blazin Wings Inc. dba Buffalo Wind Wings Grill &Bar Dailey Incorporated dba Carbone's Pizzeria&Pub Phil's Tara Hideaway Inc. dba Club Tara Hideaway Stillwater Eagles Aerie 94 dba Stillwater Eagles RT Minneapolis Franchise, LLC, dba Ruby Tuesday Letru Inc. dba Stillwater Bowl &Lounge Bridge Banquet, LLC dba Heights Hall and Club Lo, Inc. dba Joseph's Family Restaurant Stillwater Paint and Sip, LLC dba Artful Indulgence On-Sale Sunday Liquor Licenses Apple Minnesota LLC dba Applebee's Neighborhood Grill &Bar Blazin Wings Inc. dba Buffalo Wind Wings Grill &Bar Dailey Incorporated dba Carbons Pizzeria&Pub Phil's Tara Hideaway Inc. dba Club Tara Hideaway Stillwater Eagles Aerie 94 dba Stillwater Eagles RT Minneapolis Franchise, LLC, dba Ruby Tuesday Letru Inc. dba Stillwater Bowl &Lounge VFW 323 dba Greeder-Hinds Comfort Post Bridge Banquet, LLC dba Heights Hall and Club Lo, Inc. dba Joseph's Family Restaurant On-Sale Wine License Chipotle Mexican Grill of Colorado LLC dba Chipotle Mexican Grill Tan's, Inc. dba Golden Crown Restaurant The Noodle Shop, Co.—Colorado, Inc. dba Noodles & Company Page 11 of 200 City of Oak Park Heights 2016 Licenses Page 2 On-Sale Non-Intoxicating Liquor License Chipotle Mexican Grill of Colorado LLC dba Chipotle Mexican Grill Tan's,Inc. dba Golden Crown Restaurant The Noodle Shop, Co. —Colorado, Inc. dba Noodles & Company Off-Sale Non-Intoxicating Liquor License LaPalao Companies LLC dba Liquor Time Northern Tier Retail LLC dba SuperAmerica#4549 Wal-Mart Stores Inc. dba Wal-Mart Supercenter#1861 Club Liquor License VFW 323 dba Greeder-Hinds Comfort Post Amusement Licenses American Amusement Arcades for Stillwater Eagles Aerie#94 Letru Inc. dba Stillwater Bowl &Lounge National Entertainment Network for Wal-Mart Store#1861 Tobacco Licenses Croix Oil dba Croix Convenience Oak Park Heights Holiday Stationstore#237 LaPalao Companies LLC dba Liquor Time Northern Tier Retail LLC dba SuperAmerica#4549 Wal-Mart Stores, Inc. dba Wal-Mart Store#1861 Walgreens#06916 Page 12 of 200 Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item A rove Resolution Granting Spring Lake Park Lions Club to Conduct a One-Da Gambling Event at Heights Hall & Club on December 13 2015 Time Req. 0 Agenda Placement Consent Originating Departme=- Action tration/Jennifer Pinski Requester's Signature Requested Approve Resolution 15-12-40 Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 13 of 200 RESOLUTION 15-1240 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION GRANTING THE APPLICATION OF SPRING LAKE PARK LIONS CLUB TO CONDUCT A ONE-DAY GAMBLING EVENT AT HIEGHTS HALL & CLUB ON DECEMBER 13,2015 WHEREAS, Janice Kugler, on behalf of Spring Lake Park Lions Club has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one-day gambling event with bingo and paddlewheel games on December 13, 2015 at the site of Heights Hall &Club, 5880 Omaha Avenue North; and WHEREAS,the City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by Spring Lake Park Lions Club with the State of Minnesota Gambling Control Board. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Spring Lake Park Lions Club with the State of Minnesota Gambling Control Board to conduct a one-day gambling event with bingo and paddlewheel games on December 13, 2015 at the site of Heights Hall & Club, 5880 Omaha Avenue North, within the City of Oak Park Heights and the same are hereby approved with no waiting period. Passed by the City Council of Oak Park Heights this 8h day of December, 2015. Mary McComber ATTEST; Mayor Eric A. Johnson City Administrator Page 14 of 200 Nov 16 2015 1 : 59PM SLP LIONS 7697849167 P. 2 MINNESOTA LAWFUL GAMBLING 61i5 Pagel of 2 LG23O Application to Conduct Off-Site Gambling No Foe OltgAmmTron TNIFORMATION Organiratlon Dame:_Spring Lake Park Lions Club Llcensa Number.•00584 Addraps:A433 Qn-ter Drive _ City: Spring Lake Park- - NN gyp• 55432 - - G4mbling Manager Name: Amanda Jarcicson , Daytime Phone:7.63-784-91.79 Chief EXMXtWe Ofter.:(CEO)Marne. ]artilte Kg9wr Daytime Phone:763-234-75.95 _ GAMBLMS ACT!M Y Twelve off-site events are-altwed.each calendar year not to exceed d totstl of 36 days, From12 / 13 /,15. to 12 f I3.J15 C1740 Ve.type of games that will be conducted: F-1 Raffle ❑Pul✓-Tabs E1113inga ❑T[pboards ElPaddlewhed C,AMRLING PREHIESES Nam*of location where gambling activity will be conducted: The Heights Hall and Club Street address and My(or township): 5SM Omaha Ave fN -Stillwater zip. 55082 county: Washington Do not use-a post office box. + XFno StIreeaddre4l wrka inroad designations(example: 3 alias east of MM. 63 on County Road 42). Does your avantration own the gambling premises? Yes If yes,a lease 6--not required. f NO If no,.the leases agreement below moat be completed,and signed by the lessor. -LEASIE AGREEMENT FOR OFF-SITE ACTXVXW iia lease agreement is not required for waffles) Rent to be paid for the leased creat d 0 (tr none,wrim"o•) All obligations and agreements between the organization and the lesw.are listed below or attached. + Any attachments must be darted and signed by both the lessor and tense. + This lease and any attachrnents is the botal and only agreement between the lessor and the organization conducting lawful gambling actlyitles. • Other terms,if any: Lassgds 5tgnatora, Date: Prlot Lessor's IVarne,- 1� ✓ Ve CONTMOR TO PAGE 2 Page 15 of 200 Nov 18 2015 1 ; 59PM SLP LIONS 7637849167 p. 3 L6230 Application to Conduct Off-SRO Gambling 6115 Page a of a Adcnowledgment by Local Unit of Government. Approval by Relsolutkon CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises km myted within city limits located in a township City Mame: County Name; Date Approved by City Council: Date Approved by County Board: Resolution Number. Resolution�. Resolution Number: .(If none,attach meeting minutes.) (If none,attach meeting minutes.) ..._. SiVature of City personnel: Signature of County Personnel: Title: Date Signed. l7tle, Date Signed: TOWNSHTP NAME: Com.pleta below only if required by the county. L.olfrsI unft of goverX meat On behalf of the township,I acknowledge that the organization is must sign, applying to conduct gambling activity within the township limits, (A township has no statutory authority to approve or deny an application, perMirinesota Statutes 349.213, Subd.2.) Print.Township Name: Signature of Township Officer: Ptie• _—_---- Date Signed CHZIEF EXi�CUT.x'NIE OFFICER (CEO) ACKNOWLEDGMENT The person signing-this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO-has changed and the Curren:CEO has not filed a LG7006 Organ lzation DFFicers Affidavit with the Gambling Control Board, he or she must do Sp at thl$.time. I have read this application,and all InforMation is true,accurate.,.and complete and, If applicable,agree to the lease terms as silted in thla application. 8$geat T MO(MIASt be CWs signawre;4asignea may nok siptr) Date Mall or fax to. No attachments required. Gambling Conlzul Board Suite 300 South Questions? Contact a Licensing Speclalist at 651-539-igna, 1711 West County Road B Roseville,MN 55113 Fax: 551—fi-+4032 This pubfl-itlon will be made available In a"mative format(i.e.large print,braille)upon rtmquest Data privacy notioai The Infonnatton Muested on this form(and any Y the Board does nor Issue a permit,all Infbrmatlon provided rema ins attachments)will be used by the Gambling Control Board(Board)to private,y4th the exception of your arganization's name and address whlch determine your organisation's quaNkatlons.to ba Involved'In lawrul wIll rerrraln public. gentlirfy activives'la Wrvwsoly. 'Your arganbotion has the right to refuse to smpW elle:information;however,it your awantzas abon refus .to suWy Rivals data Omalnlzation are available to: iamrd members, this Intorrnarm g ,the Sward trey not be aide ta,dstannine.your Board staff"whose* requires access to itte irtIm matron;Mlnnesora's nrganya4$en'g eiuelfl"Ic4t3'ans and,as a consequencq,may refbse to twe a Department of public Safety;Attorney General,aommls5lonersa petirnit. II'your organlra*nsuppligs the Informatlonrequested,the 6aard Administration,Minnesota Mainagementlir Budget.and Revenue; will be able a process ytwr orgaptratt"application. Legislative Auditor;national acid laternat9onal gamblini;regulatory agancles: anyone pursuant to court order,other Individuala and agencies Yarm on7aNzatlon risme and adr&,ess will be priblis irlPormatian*torr, epactftcaliy authorised by state or federal law tv have access W the rtsoalVed by the ftbr0. Al other i4l%wrr4don provided*1111 be.prbmte data lnfarttratlon; Individuals and agencies for which law or legal order about Yaui mgafilsadw.unt71 Itie.-Board issties the permlt. When tete authorizes a new use or sharing of IMormetion after this notice was ptvan; tilwd Issues the pernd4..all tnftsrmstlon provided will become public, and anyone w ttt your wrimen consent. Page 16 of 200 s Oak Park Heights Request for Council Action Meeting Date December 8 2015 Agenda Item Title A rove 2016 Area Charge for Connection to Water Sewer and Storm Sewer Systems Time Required 1 min Agenda Placement Consent Originating Department/Requestor Finance—Betty Caruso Finance Director Requester's Signature _ ,4-,-&4- Action Requested Arove Resolution for 2016 Area Charge for Connections to Municipal Water Systems, SgaiLgy Sewer Systems and Storm Sewer Systems Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). The City Engineer has calculated the City's utility area charges for 2016 and is recommending a 2.0% increase in the area charges for water, sanitary sewer, and storm sewer. This increase percentage is based on the Construction Cost Index. I recommend approval of the area charges for sanitary sewer, water main, storm sewer and TSMP area storm sewer as of January 1,2016 per the attached recommendation from the City Engineer. NOTE: These amounts are included in the City Fee Schedule that the Council has scheduled for adoption on 12/8/15. Page 17 of 200 RESOLUTION NO. 15- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING AREA CHARGES THROUGHOUT THE CITY OF OAK PARK HEIGHTS FOR CONNECTIONS TO MUNICIPAL WATER SYSTEMS, SANITARY SEWER SYSTEMS AND STORM SEWER SYSTEMS WHEREAS, Minn. Stat. §444.075, Subd. 3 authorizes municipalities to establish a system of charges for the construction, reconstruction, repair, enlargement, improvement or other obtainment, maintenance operation and use of municipal facilities, including, but not limited to charges for connections to such municipal facilities for municipal water, sanitary sewer, and storm sewer; and, WHEREAS, City ordinances provide for the Council to establish from time to time area charges to be collected for properties developing in and connecting to the municipal water, sanitary sewer and storm sewer systems;and, WHEREAS,the City has historically established and collected area charges; and, WHEREAS, area charges established by the City of Oak Park Heights require modification and amendment from time to time; and, WHEREAS, the office of the City Engineer has provided recommendations to the City Council as it affects the establishment of area charges throughout the City of Oak Park Heights as it relates to connection to trunk sanitary sewer systems, trunk water systems and trunk storm sewer systems; and, WHEREAS,the City Council determines it to be in the best interest of the residents and City of Oak Park Heights that such fees be periodically reviewed and adjusted to take intn account cost of construction and replacement and systems, cost of maintenance operation and other expenses that the City expects to incur with regard to the maintenance of such systems. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that effective January 1, 2016 city area charges to be applied throughout the City of Oak Park Heights for properties developing or connecting to municipal utilities shall be as follows: 1. Sanitary sewer area charge as follows: Commercial4ndustrial&Retail Business Centers - $2,494.00 per acre. Low Density Residential- $2,378.00 per acre. Medium Density Residential- $3,172.00 per acre. High Density Residential- $5,551 AO per acre. Page 18 of 200 2. Municipal water area charge as follows: CommerciaNndustrial&Retail Business Centers -$12,961.00 per acre. Low Density Residential - $12,365.00 per acre. Medium Density Residential-$16,485.00 per acre. High Density Residential- $28,853.00 per acre. 3. Storm sewer area charges in the sections of the city located within the Valley Branch Watershed District and the Middle St. Croix Valley Water Management Organization as follows: Commercial/Industrial&Retail Business Centers-$2,021.00 per acre. Low Density Residential-$1,113.00 per acre. Medium Density Residential- $1,614.00 per acre. High Density Residential-$2,021.00 per acre. And additional TSMP storm sewer area charges in the areas of the city located in the Browns Creek Watershed District however excepting the areas located West of Trunk Highway 5, South of Trunk Highway 36 and north of 55th Street as follows: Commercialllndustrial&Retail Business Centers - $9,427.00 per acre. Low Density Residential - $8,519.00 per acre. Medium Density Residential- $9,019.00 per acre. High Density Residential- $9,427.00 per acre. BE IT FURTHER RESOLVED, that as to the determination of land use and computation of acreage as it affects each development or connection related to the collection of these fees, all such determinations/computations shall be made through the office of the City Engineer with all such fees being thereafter collected through the office of the City Administrator. No connection shall be made to any municipal utility system until such time as the area fees as calculated and determined by the office of the City Engineer have been collected. Passed by the City Council for the City of Oak Park Heights this 8th day of December,2015. Mary McComber, Mayor ATTEST: Eric Johnson City Administrator Page 19 of 200 tea tec 2335 Highway 36 West,St. Paul MN 55113-3819 November 23,2015 F11e:1938oi828 Attention: Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd.N. P.O. Box 2007 Oak Park Heights,MN 55082 Dear Eric, Reference:Utility Area Charges The City has established a system of area charges to assist in financing trunk utility improvements. These charges need to be adjusted from time to time to recover additional costs incurred as a result of inflation,capitalized interest,or revisions/updates to trunk facilities. The table on the following page is a tabulation of the current area charges and those proposed for development initiated after January 1,2oi6. Adjustments to the City's utility area charges are tied to the ENR national Construction Cost Index (CCI),which is a benchmark of the current cost of materials and labor in the construction industry. The City's utility area charges were last updated in November 2014. From the third quarter of 2014 to the third quarter of 2015,the CCI has increased 2.0%,which is the current increase we are recommending to the City's area charges. If you have any questions or require further information please call me at(651)604-4850. Regards, Stantec Consulting Services Inc. Lee M.Mann,P.E. Principal Phone: 651-604-4850 Fax: 651-636-13-11 lee.mann@stantec.com Attachment: Utility Area Charge Updates for 2015 ENR CCI Partial History c. Betty Caruso,Julie Hultman—City of Oak Park Heights Mark Vierling—City Attorney Nk n w.tt�cuff mt, t I,: lr:::3 Page 20 of 200 � k22k :2 a 0 L6 � ■ W ' 2 ~ � D _ _ _ _ CD a) Co Ur- G m r 06 �r o d 7# m + 2 $ It M § V r 3 a � dCL cm ❑ § a § 2 # # # # ■ 2 _ _o N a 5 0 � CO IT � � V � CLJ I - 00 # 69- ¥ + � / 2 $co T- $ � e n _ In 2 :� 0.0 Irl e n _ kd) CL _ # # # 2 ■ c m q f q q 7 L -j m . cli cNi _ m ew am « a M ® eco r P. o U 2 m 't ■ a q § § qt c � � -M @ :3 C-) 0o V « 2 ■ L. N IL q .9 4& EIt o = # § % It w q 0 - ~ a maa + / a � ° & k $ % 2to 2 § k �UCO A � � Page 21 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 22 of 200 Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Title: -Approve Resolution Designating 2016 Checking and Bank Depositories Time Required 1 minute Agenda Placement Consent Originating Department/Requestor Betty Caruso Finance Director Requester's Signature x< .. Action Requested : Approve Resolution designating 2015 checking and bank depositories Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). The City currently has its checking and some investments with Central Bank, The bank continues to serve the city well and does not charge many fees which is a hidden savings for the city. The remaining institutions hold the other city investments: First State Bank and Trust, Morgan Stanley SB, UBS Financial Services, Wells Fargo Advisors, LLC and the 4M Fund. Although I do not have accounts set up at the other financial institutions listed, I may be using them in the future depending upon the rates offered and if they are willing to pledge securities for any deposits above FDIC limits. If we were to invest with any new financial institution, Finance would checks on bank ratings and reviews financial criteria before investing, along with consulting with other cities regarding the broker. The Iist of depositories is as follows: Central Bank Lake Elmo Bank (not presently used) First State Bank and Trust US Bank Wells Fargo Bank (not presently used) Bremer Bank (not presently used) League of Minnesota Cities 4M Funds Morgan Stanley Smith Barney UBS Financial Services Wells Fargo Advisors, LLC Oppenheimer & Co. Inc. (not presently used) Page 23 of 200 CITY OF OAK PARK HEIGHTS RESOLUTION 15- A RESOLUTION DESIGNATING 2016 CHECKING& BANK DEPOSITORIES Central Bank—Checking and Investments Lake Elmo Bank—Investments First State Bank and Trust—Investments US Bank—Investments Wells Fargo Bank—Investments Bremer Bank- Investments League of Minnesota Cities 4M Fund—Investments Morgan Stanley Smith Barney—Investments UBS Financial Services—Investments Wells Fargo Advisors, LLC -Investments ;Oppenheimer& Co. Inc. Investments Passed by the City Council of Oak Park Heights this 8th day of December 2015. ATTEST: Mary McComber, Mayor Eric A. Johnson Administrator Page 24 of 200 . T& u4m. Oak Park Heights Request for Council Action Meeting Date- December 8, 2015 Time Required: I minute Agenda Item Title Certification of Delinquent Utilities Agenda Placement Consent — Originating Department/Requestor Finance–Betty Caruso, Finance Director Requester's Signature ,, ................... ... ........................ Action Requested Approve the attached Resolution Approving Certification of Delinquent Utility Charges to the County Auditor for Collection With the 2016 Tax Bills Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): In accordance with MS 444.075 subd 3e and the city ordinance of 1001.04 I am requesting that the council approve the listing of delinquent bills as a lien against the property and authorize that they be sent to the County Auditor for collection with the 2016 tax billing. Due to scheduling of December council meetings,the list has been prepared as of December 4, 2015,however, in accordance with policy, the City will accept payments on the delinquent amounts through December 11,2015. Therefore,I request that Council adopt the fist and give me authority to adjust the amounts for payments that may be received prior to certification to the County Auditor. Page 25 of 200 CITY OF OAK PARK HEIGHTS COUNTY OF WASHINGTON AND STATE OF NHNNESOTA RESOLUTION 15- A RESOLUTION APPROVING CERTIFICATION OF DELINQUENT UTILITY CHARGES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 2016 TAX BILLS WHEREAS, the following properties have delinquent utility bills as of December 4, 2014 and that require collection; SEE ATTACHED LIST and, WHEREAS,the City Staff for the City of Oak Park Heights has complied with the collection procedures for the utility billing and the above accounts remain delinquent as of December 12,2015; and, WHEREAS,the City is allowed by statute to use certification to the County for inclusion on the real estate tax collection system as the collection mechanism. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Oak Park Heights that delinquent utility charges included on the list supplied by the Finance Director and as reduced for payments between December 4, 2015 and December 11, 2015, be certified to the County Auditor for Collection with the 2016 Tax Bill. Passed by the City Council of Oak Park Heights this 8th day of December, 2015. Mary McComber Mayor Attest: Eric A. Johnson City Administrator Page 26 of 200 LIST OF DELINQUENT UTILITY CHARGES FOR CERTIFICATION WITH 2016 TAX COLLECTION AS OF 12/4/2015 Cust No Parcel ID Acct Balance 100-01400-08 34-030-20-23-0050 265.94 101-00700-02 34-030-20-32-0021 463.40 101-02700-03 34-030-20-32-0035 307.22 101-03800-05 34-030-20-32-0027 757.77 101-04330-02 34-030-20-32-0092 271.83 101-05030-13 34-030-20-32-0065 463.40 101-05900-03 34-030-20-31-0123 274.38 101-06200-02 34-030-20-32-0131 131.04 101-07100-03 34-030-20-32-0103 463.40 102-03000-04 34-030-20-32-0110 696.22 102-10300-08 34-030-20-32-0113 512.52 102-11300-06 34-030-20-32-0120 565.28 102-11500-01 34-030-20-32-0146 506.80 102-12100-04 34-030-20-32-0139 132.24 102-13100-04 34-030-20-33-0016 463.40 102-14600-01 34-030-20-33-0008 259.09 102-15000-03 34-030-20-34-0066 117.91 102-15600-05 34-030-20-34-0084 117,91 103-10200-03 04-029-20-24-0029 117.91 103-12300-04 04-029-20-13-0015 463.40 103-12400-07 04-029-20-13-0016 405.32 103-13300-05 04-029-20-24-0003 253.73 103-13800-12 04-029-20-24-0008 190.27 103-13800-13 04-029-20-24-0008 127.00 103-14700-02 04-029-20-23-0007 463.40 103-15000-02 04-029-20-23-0012 363.40 103-15400-05 04-029-20-23-0016 502.45 103-15900-03 04-029-20-21-0036 704.85 103-17400-05 04-029-20-21-0026 353.73 103-18500-09 04-029-20-24-0043 190.93 103-19500-03 04-029-20-23-0018 519.01 104-12700-01 33-030-20-41-0030 414.40 104-14100-07 04-029-20-21-0075 1,818.65 104-15300-02 04-029-20-21-0066 463.40 104-15500-02 04-029-20-21-0051 476.82 104-16500-07 044-029-20-21-0003 454.84 104-20200-04 04-029-20-12-0025 225.90 105-12400-10 34-030-20-34-0037 540.00 105-12900-02 03-029-20-12-0005 100.32 105-14300-04 03-029-20-21-0039 426.29 105-14750-01 03-029-20-24-0014 363.70 105-14800-03 03-029-20-24-0016 416.17 105-14900-03 03-029-20-24-0019 463.40 105-16200-10 03-029-20-24-0017 263.40 Page 27 of 100F 3 LIST OF DELINQUENT UTILITY CHARGES FOR CERTIFICATION WITH 2016 TAX COLLECTION AS OF 12/4/2015 105-16900-05 03-029-20-24-0032 235.82 105-17200-02 03-029-20-13-0011 202.20 105-17300-06 03-029-20-13-0010 179.12 105-17500-05 03-029-20-13-0041 575.59 105-17800-07 03-029-20-13-0044 353.73 105-18000-02 03-029-20-13-0022 493.49 105-18550-04 03-029-20-21-0035 463.40 105-19000-02 03-029-20-21-0015 117.91 106-10100-03 04-029-20-24-0084 493.00 106-10700-03 04-029-20-13-0079 294.28 106-16300-02 04-029-20-24-0064 1,009.56 106-18000-04 04-029-20-24-0101 159.37 107-10500-05 04-029-20-14-0013 117.91 107-10700-02 04-029-20-14-0053 570.17 107-10900-05 04-029-20-14-0051 424.31 107-11600-02 04-029-20-14-0044 117.91 107-12700-05 04-029-20-14-0033 463.40 107-15800-05 04-029-20-14-0066 463.40 107-16100-03 04-029-20-14-0069 506.58 107-16300-03 04-029-20-14-0071 306.42 107-16800-07 04-029-20-14-0004 353.73 107-17000-03 04-029-20-14-0002 520.44 107-17150-03 04-029-20-14-0215 2,597.32 107-18000-04 04-029-20-11-0013 463.40 107-18200-15 04-029-20-11-0013 628.14 107-18300-11 04-029-20-11-0013 281.89 107-18600-15 04-029-20-11-0013 1,034.95 107-18900-06 04-029-20-11-0013 327.45 107-19000-07 04-029-20-11-0013 443.40 107-19700-11 04-029-20-11-0013 266.73 107-20000-13 04-029-20-11-0013 633.46 107-22200-02 04-029-20-13-0043 370.41 107-23200-04 04-029-20-23-0030 650.74 107-24000-07 04-029-20-23-0034 400.00 107-24200-02 04-029-20-11-0111 180.82 107-24250-06 04-029-20-11-0112 224.05 107-24300-04 04-029-20-11-0110 1,188.79 107-24350-08 04-029-20-11-0114 128.63 107-24950-04 04-029-20-11-0096 181.25 107-25500-06 04-029-20-11-0094 463.40 107-25850-03 04-029-20-14-0206 100.00 107-25900-01 04-029-20-14-0205 503.66 107-26200-02 04-029-20-14-0199 330.18 107-26650-03 04-029-20-14-0191 117.91 107-28700-08 04-029-20-11-0072 156.79 Page 28 of ROF 3 LIST OF DELINQUENT UTILITY CHARGES FOR CERTIFICATION WITH 2016 TAX COLLECTION AS OF 12/4/2015 107-28900-08 04-029-20-11-0068 566.03 107-29350-05 04-029-20-11-0059 253.76 108-10300-05 04-029-20-23-0059 593.65 108-10800-03 04-029-20-23-0054 237.40 108-11300-04 04-029-20-32-0079 1,146.31 108-13700-01 04-029-20-32-0027 463.40 108-14100-01 04-029-20-32-0031 253.41 108-15900-04 04-029-20-32-0058 195.66 108-16000-01 04-029-20-32-0059 517.08 108-16200-04 04-029-20-32-0061 235.82 108-16200-05 04-029-20-32-0061 117.91 108-16500-03 04-029-20-32-0049 463.40 108-16900-02 04-029-20-32-0053 736.38 108-19600-03 04-029-20-23-0079 577.64 108-20200-02 04-029-20-23-0073 114.92 109-10100-02 05-029-20-14-0086 353.73 109-10500-00 05-029-20-14-0082 344.10 109-10900-00 05-029-20-14-0078 653.49 109-11200-02 05-029-20-14-0075 951.91 109-11500-03 05-029-20-14-0101 345.21 109-12600-02 05-029-20-14-0088 138.04 109-13200-00 05-029-20-14-0094 411.42 109-13700-04 05-029-20-14-0099 131.33 109-15300-04 05-029-20-14-0116 135.43 110-00300-01 05-029-20-23-0039 541.06 110-03800-03 05-029-20-23-0029 388.39 112-00270-02 04-029-20-22-0028 117.91 112-01290-00 05-029-20-11-0084 463.40 112-01330-01 05-029-20-11-0095 131.24 112-01340-02 05-029-20-11-0096 353.73 200-16500-00 04-029-20-22-0030 122.13 102-16400-02 34.030.20.42.nn4Q 74.00 104-23175-01 05.029.20.14.0153 17.52 105-18100-10 03-029-20-13-0024 16.75 107-16900-05 04-029-20-14-0003 44.75 107-19600-07 04-029-20-11-0013 3.49 107-26000-08 04-029-20-14-0202 89.10 107-28300-02 04-029-20-14-0175 65.25 50,313.70 Page 29 of-181'3 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 30 of 200 0 Oak Park Heights Request for Council Action Meeting Date December 8th, 2015 Time Required: 1 Minute Agenda Item Title: Adopt SanitM Sewer Maintenance and Response Policy Agenda.Placement Consent Agenda Originating Department/Requesto Apdy Kegley.Director of Public Works Requester's Signature Action Requested Adopt S 'tart Sewer Maintenance Policy Update and Response Policy Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Staff is recommending the adoption of the enclosed policies being: 1. Sanitary Sewer Maintenance Policy This version would update and replace the document from 2013 with some clarifications to infrastructure totals,methods of maintenance and how resources are allocated. Generally,these policies are already followed in practice but in preparation to a possible application to the LMCIT's No-fault coverage policies some additional documentation is likely to be requested and affirmed. 2. Sanitary Sewer Response Policy This document would be a new Policy for the City outlining responsibilities and how City Staff is planned to react and engage certain circumstances stemming from a sanitary sewer emergency. Emergencies can occur at a lift station, a city main and/or at a private service lateral. Like the Maintenance policy above,these policies are already followed in practice but in preparation to a possible application to the LMCIT's No-fault coverage policies some additional documentation is likely to be requested and affirmed. Both of the above policies follow formats and protocols suggested by the League of Minnesota Cities. Page 31 of 200 SANITARY SEWER MAINTENANCE POLICY 1. Purpose It is the policy of the City of Oak Park Heights to comply with all applicable state and federal regulatory requirements. The City intends to provide effective and efficient maintenance to its sanitary sewer system by evaluating political, social, safety,and economic concerns,among others. Procedures identified in this policy are intended to maintain the sanitary sewer system to prevent sewer backups. These procedures, when implemented,may also extend the service life of various components of the sanitary sewer system. The City has 147,296 feet of public sanitary sewer mains, 693 manholes and four(4)lift/pump stations within its sanitary sewer system. Procedures identified in this policy are intended to maintain the City's sanitary sewer system to prevent sewer backups and to extend the life of the system. The City has developed and implemented this policy that takes into consideration public safety,the City's budget and personnel, environmental concerns,and the cost of implementation versus the benefit to be achieved. The City will use its employees,equipment and/or private contractors to provide this service. While the City fully intends to meet the guidelines established in this policy,there may be times when this is not feasible. Issues including,but not limited to,budget constraints, critical equipment failure, or weather and other emergeneics may prevent the City from ni-w ing the guidelines established herein. The Director of Public Works may override provisions established within this policy. Deviations from the goals established in this policy will be documented. The City will use this policy to guide any sanitary sewer maintenance activities that are provided by a contractor or a party other than the City. 2. Routine Maintenance and Inspection Goals A. Sanitary Sewer Mains Scope of City's Responsibility-The City will maintain the components of the public sanitary sewer system. This includes sanitary sewer mains,manholes,lift stations and other related components. Private property owners are responsible for the maintenance of sanitary sewer components from their property to the sewer main connection. Schedule--The City's goal is to inspect and maintain the components of its sanitary sewer system according to the attached schedule. Equipment—The equipment used to perform maintenance will depend upon the equipment available and its effectiveness as determined by qualified staff. The City of Oak Park Heights contracts for sewer system cleaning and televising services. Television Inspection—The City's sanitary sewer mains will be inspected by television camera in accordance with the attached schedule. Any sewer mains located on a street where a street Page 32 of 200 maintenance project is planned will be inspected before and after such a project. Sanitary sewer mains in a new development must be televised before said mains are turned over to the City. Television inspection may also be used to inspect the system where there are possible problems. In addition,the City may require any main near a construction site to be televised before and after the construction(i.e.,near blasting, digging, other activities that might disrupt the main, etc.) Visual recordings of sewer main televising will be required of any vendor performing this service for the City. A written report summAri�. and interpreting the findings of the televising will also be required. These records will be kept by the City for a minimum of 12 years. B. Problem Areas The sanitary sewer mains and facilities identified as Category 1 will receive ordinary routine maintenance as noted on sewer maps. The sanitary sewer mains and facilities identified on the sewer map as Category 2 will receive more frequent maintenance and those identified as Category 3 will receive less frequent maintenance. When a sewer main or facility is identified as anything other than Category 1,the reasons why maintenance is needed on a different schedule will be documented. Sewer mains and facilities will receive maintenance according to the attached schedule. The Public Works Director will determine whether a main or facility is Category 1,receiving routine sewer maintenance, Category 2, receiving more frequent maintenance or Category 3, receiving less frequent maintenance. Based on periodic assessment,maintenance will be adjusted and a sewer main may be moved from one category to another. C. Sanitary Sewer Lift Stations The City maintains lift stations using specific maintenance that is reasonable and recommended. The number of lift stations,location, and capacity of each lift station is kept on record. Maintenance for each lift station is reflected in Standard Operating Procedures(SOP) and Standard Maintenance Procedures (SMP). Components of SOP and SMP include: • Easy availability of original manuals with manufacturers' recommended maintenance schedules for all lift station equipment • Operating procedures for manipulating pump operations(manually or automatically)during wet weather to increase in-line storage of wet weather flows i Setting wet well operating levels to limit pump start/stops 0 Cleaning wet well • Regular rotation of lead, lag, and backup pumps 0 Regular inspections of lift station, alarm systems and electrical components • Maintenance of operation logs and general records for all lift station activities, including inspections • Identify problem areas/components Page 33 of 200 3. Inflow and Infiltration Inflow and infiltration occur when clear water gets into the sanitary sewer system. This may occur through cracks or leaks in the sewer pipes and manholes or through sump pumps incorrectly connected to the sanitary sewer system. Inflow and infiltration can lead to backups, overflows and unnecessary and expensive treatment of clear water. City employees will periodically inspect manholes to identify any that contribute to this problem. Sanitary sewer mains will be maintained and inspected pursuant to the City's Sanitary Sewer Maintenance Policy. 4. Personnel Responsibilities and Requirements A. Exercise of Professional Judgment It is expected that City employees,in accordance with their job duties and responsibilities, will exercise their professional judgment in the implementation of this policy. Further, it is expected that in emergency situations(see Emergency Response Policy) City employees will be required to exercise their discretion and weigh political, social,and economic considerations including but not limited to public and employee safety,the potential for damage to private property and the City sanitary sewer system, and environmental concerns. B. Training and Education The City will provide funding for training to employees responsible for maintenance of and emergency response to issues with the sanitary sewer system. Training of employees will include education necessary to earn and maintain appropriate operator certifications. Training will also address standard operating procedures,proper use of equipment, emergency response and other topics required by state and federal regulatory agencies. C. Work Schedule Full-time City employees in the Public Works department will be expected to work eight-hour shifts. In emergencies, employees may be required to work in excess of eight hours. Budget and safety concerns may limit the length of time an employee is permitted to work. D. Weather Conditions Regular sewer maintenance operations will be conducted only when weather conditions do not endanger the City employees and equipment. Factors that may delay sewer maintenance operations include,but are not limited to: severe cold, severe heat, flooding,and other severe weather events. 5. Documentation The City will document all of its inspection and maintenance activities and emergency responses for its sanitary sewer system. The City will also document circumstances that limit its ability to comply with this policy. A report should be prepared periodically for the purpose of evaluating Page 34 of 200 maintenance activities and for determining goals for the future. These records will be kept in accordance with the City's records retention schedule. 6. Public Education Periodically,the City will inform residents of their responsibilities related to sanitary sewer service from the City of Oak Park Heights. 7. Other Sanitary Sewer System Policies The City has a number of other policies and/or ordinances that are important to the ongoing operation of the City's sanitary sewer system. The following documents are available on the City's web site and in the public works department. • Emergency Response Policy • Public Sanitary Sewer Use Ordinance Page 35 of 200 SANITARY SEWER EMERGENCY RESPONSE POLICY 1. Procedure It is the City's policy to respond to sewer backups, lift station problems or failures, or other system problems or failures 24 hours a day, 365 days a year. During normal business hours, all calls and reported problems will be routed to the Public Works Department.Normal business hours are from 8:00 AM a.m.to 4:00 P.M.,Monday through Friday, excluding legal holidays.At all times other than normal business hours, emergency calls will be routed to the Public Works Department Emergency On Call Phone Line(651)485 -2304. The Public Works Director will designate one or more employees as"on call"during non-business hours. 2. Response It is the goal of the department to answer or return all calls for emergency service immediately and provide an initial response within one (1)hour or as soon as possible under the circumstances of receiving a report of a problem or an emergency call. The time necessary to remedy a problem will vary depending on the number of calls,the nature and seriousness of the problem,weather, and other factors that may impact the department's ability to respond and to find and correct a reported problem. When appropriate, a City employee will check the City's sanitary sewer main at the point of the problem. Corrective action will be taken if the City's sanitary sewer main is found to be blocked or obstructed or a lift station is found to be malfunctioning. When a blockage found in a sanitary sewer main is causing a backup into a private portion of the system,the first priority will be to address the problem in the City's sanitary sewer main. After a sanitary sewer backup is remedied, efforts to determine the cause of the blockage or backup will be undertaken by those responding to the emergency.A written report of the emergency response will include all relevant information including but not limited to documentation of action taken related to the request for emergency service,photographs and the responder's perspective concerning the cause(s) or possible cause(s)of the blockage or backup. When investigation of a backup determines that the problem is within the private portion of the sanitary sewer system,the sewer customer will be informed of possible corrective action they may have to perform on their portion of the system. Page 36 of 200 3. Reporting The State Duty Officer(1=800= 22-0798 or 651-649-5451 in the metro)must be notified when bypassing the City's sanitary sewer system or otherwise discharging sewage anywhere other than to the City's sanitary sewer system. All sewer backup claims must be referred to the League of Minnesota Cities Insurance Trust (LMCIT)for determination of liability. City employees are instructed to not admit or mislead residents about City liability for backups in the municipal sanitary sewer system. Page 37 of 200 �pa P TED Z.ol3 CITY OF OAK PARK HEIGHTS MUNICIPAL SEWER COLLECTION SYSTEM MAINTENANCE STANDARDS The City of Oak Park Heights owns 123,018 feet of gravity sewer lines of assorted type and sizes, five lift stations, and 8,157 feet of related pressurized force mains as its wastewater collection system. Wastewater Treatment is performed by the Metropolitan Council Environmental Services (MCES). The City of Oak Park Heights is responsible for development of and adherence to standards to be used to maintain the City wastewater collection system. City staff is directed to provide for the maintenance of the collection system under the following guidelines: • Staff shall arrange for cleaning the collection system using high pressure jetting. Approximately 32,000 feet (one-quarter of total sewer collection line footage) shall be maintained each year. Staff shall identify problem areas that have poor slopes, excessive roots, grease problems, or problem pipes that require additional maintenance. These areas shall be cleaned more frequently, depending on the severity of the problems, up to and including yearly. Staff shall request appropriate ordinance changes, if needed, to protect the city infrastructure. Estimated costs for jetting operations are $25,000 per year. The entire system shall be completely cleaned at a minimum of every five years. • Staff shall arrange for televising the collection system for defects including failures, joint separations, excess roots, and service intrusions, and have the problems documented and rated for maintenance and repair options. Televising shall be conducted to verify the acceptability and efficiently of cleaning and root removal operations. A record shall be made of all lines analyzed and recordings shall be kept to allow verification of conditions. Indications of excess inflow and infiltration shall be documented, as well as indications of improper discharges to the City of Ouk Park_ Heigbts sewer collection system. Approximately 32,000 feet shall be televised the first year at an estimated cost of$19,000 and an additional 23,000 feet televised in each the following four years at an estimated cost of$14,000 in each of those four years. This will allow the entire system to be televised in five years. • The budget will remain constant for the five year period and the $5,000 decrease in costs of televising in years two through five shall be dedicated for repw45 WnUficd in the previous year televising repQrt. At the end of the five year period, the system evaluation shall be used to determine adequacy of the Page 38 of 200 (x,33 cleaning program, adequacy of the repair program, and the future needs. It is believed the televising shall not be a major ongoing expense after the system is completely documented and will only be used for specific problems or areas that indicate changes. It is anticipated the cleaning program will be an ongoing maintenance cost for the life of the system. • Preventative maintenance at the City of Oak Park Heights two lift" stations shall continue to be conducted on a bi-weekly basis. The staff shall continue toprovide daily checks at each site. Weekly pump records shall be maintained to help identify excess pump hours or bypass or check valve problems. The pump control system shall be evaluated on a monthly basis for verification of pumps start, stop and alarm set points. Corrective maintenance on the system is a high priority and shall be made as discovered. The wet wells shall be evaluated on alternating months and clean outs and repairs implemented on a minimum of yearly basis and more often as indicated by the condition of the structure. The policy shall be to have two pumps available at each lift station during normal operations and to have repairs implemented within 48 hours if one pump becomes inoperable. Failure of a lift station shall be considered an emergency and pump or transport equipment shall be brought in to allow the continued use of the facility for sewer conveyance. • The City of Oak Park Heights shall evaluate the cost and availability of back up power at each of the lift stations. The current generator plug in at the Kern Center station shall be used as the standard for the remaining stations. It is the intent of the City of Oak Park Heights to have a plug in generator receptacle available at each lift station. We intend to add one new generator receptacle to a lift station each year. If budget allows, the purchase of a potable back up generator capable of operating all stations shall be investigated and a comparison of ownership costs/availability of rental units shall be made. • The City of Oak Park Heights' existing alarm system shall be evaluated for future upgrades. Backup power during power failures should be installed to rave exterior warning lights. Cost evaluations shall be made regarding the benefit of a Supervisory Control and Data Acquisition system (SCADA) central alarm and control system that would provide dedicated notification of potential problems as well as alarm conditions during any failure condition. Information on dedicated communication (radio or telephone) shall be investigated. A report on options shall be submitted to the Council for consideration. • The staff shall evaluate existing data and new tclevising records to address excess inflow and infiltration (I&I) discovered in the system in order to save excess treatment costs from clean water entering the system for treatment. The Page 39 of 200 City of Oak Park Heights shall implement a plan to address T&T, if required by MCES. Page 40 of 200 y Oak Park Heights Request for Council Action Meeting Date December 8' 2015 Time Required: 1 minute Agenda Item Title; &=Yc&solution- of Odnance AmaWrnents1 and 401.02 B-Relati Sigmge Agenda Placement Consent A e Originating Department/Req r Johnso Administrator Requester's Signature Action Requested Approve ReZution- SmmM of Ordinance Amendments to 401.15 G and 401.0 _ Relating to Si e. Background/Justification(P indicate if any previous action has been taken or if other public bodies have advised): The City Council recently adopted significant changes and amendments to its 401.15 G Sign ordinance including various definitional changes in 401.02 B. In order for these to go into effect these must be published in the required publication outlet(Stillwater Gazette). Due to the length of such publication and its significant cost,the City is permitted to publish a summary of the ordinance changes as adopted. That Summary is enclosed and is requested to be adopted via the enclosed resolution. Once adopted,the City would publish such summary resolution/document. Page 41 of 200 NOTICE: THIS PUBLISHED MATERIAL IS A SUMMARY OF AN ORDINANCE AMENDING CHAPTER 401 {ZONING ORDINANCE} OF THE CODE OF ORDINANCES FOR THE CITY OF OAK PARK HEIGHTS. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE OAK PARK HEIGHTS CITY HALL DURING REGULAR BUSINESS HOURS. RESOLUTION AN ORDINANCE ADOPTNIG ANAMENDMENT FOR CHAPTER 401,ZONING ORDINANCE TO CLARIFY AND AMEND LANGUAGE AS TO SIGN STANDARDS IN SECTION 401.02.6 DEFINITIONS AND 401.15.6 SIGNS SUMMARY OF THE SIGN ORDINANCE AMENDMENT SECTION 401.02 DEFINITIONS The Sign Related definition subsections, within Ordinance 401.02.13 DEFINITIONS have been amended, deleting the following subsection definitions in their entirety: Air Inflatable Devices, Awning, Balloon, Banner, Bannerette, Flag,Opaque, Parapet,Pennants,and Ribbons or Streamers. SECTION 401.15.G SIGNS 401.15.G.1 FINDINGS, PURPOSE AND EFFECT: Subsection a: 1-3 deleted and the section renumbered 1-2,with the following new text: 1). Oak Park Heights is located on the Minnesota and Wisconsin boarder with the St. Croix River separating the two states. Upon completion of the St. Croix Crossing in the fall of 2016, Highway 36 will provide an increasingly important connection between the Twin Cities metropolitan area and western Wisconsin. The result will be growth in the Oak Park Heights business community and a continuing need for signage and advertising devices. Subsection c: Deleted in its entirety. SECTION 401.15.G.4. DEFINITIONS - Text has been deleted in its entirety. Definitions can be found in Section 401.02 DEFINITIONS. SECTION 401.15.G.5. GENERAL PROVISIONS Section has been renumbered to 401.15.G.4 with each section renumbered accordingly. SECTION 401.15.G.4. GENERAL PROVISIONS-Text amendment or deletion to Its subsections have been made as follows: h. Electrical Building Code. All signs shall be constructed in accordance with the Minnesota State Building Code and the National Electric Code. All electrical service wiring shall be buried. n. FI_a&. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased provided an interim use permit is issued in compliance with Section of this Ordinance. Where appropriate, the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and/or State flag displays. P. Property Lines. This subsection has been deleted in its entirety. SECTION 401.15.G.5. PERMITTED SIGNS IN ANY ZONING DISTRICT—Text amendment or deletion to Its subsections have been made as follows: a. Campaign Non-Commercial Speech Signs. All campaign non-commercial signs no more than sixteen (16)square feet in size and totaling no more than four(4) per property may be posted beginning forty-six (46) days before the sate primary in a state general election year until ten (10) days following the state general election, in accordance with Minnesota State Statutes, as amended. e. Additional Allowed Signs. Page 42 of 200 U One(1) nameplate or address sign for each unit in a single and two family residential dwelling not exceeding two(2)square feet in area per surface. Lots abutting more than one(1) right-of-way shall be allowed one(1)sign not to exceed two(2)square feet in area per frontage. 2). One(1) nameplate or address sign, placed on the wall of the structure,for each dwelling group or three(3)or more units or commercial business. The sign may not exceed six(6)square feet in area. Lots abutting more than one(1) right-of-way shall be allowed one(1)sign not to exceed six(6)square feet in area per frontage. 3). One(1)shall be allowed per street frontage when the building or site is under construction nor offered for sale or lease,provided that: a). The sign area shall not exceed thirty-two(32)square feet. b). Freestanding signs shall be limited to a maximum height of eight(8)feet. c). The sign shall not be illuminated. d). Such sign shall be removed within one (1)year of the date of issuance of a building permit or when the project is completed,whichever is sooner. 4). Upon approval of a final plat for a subdivision, provided that: a). One(1)sign shall be allowed per project or subdivision or one(1)sign for each frontage to a major collector or arterial street,whichever is greater. b). The area of the sign shall not exceed thirty-two(32)square feet. C). Freestanding signs shall be limited to a maximum height of eight(8)feet. d). Such sign shall be removed within one(1)year of the date of issuance of a building permit or when the project is completed,whichever is sooner. SECTION 401.15.G.6. PROHIBITED SIGNS 1N ANY ZONING DISTRICT-Text amendment or deletion to its subsections have been made as follows: f. Proiecting Signs. This subsection has been deleted in its entirety. SECTION 401.15.G.7. SPECIAL EVENTS-Text amendment or deletion to its subsections have been made as follows: b. Number of Days. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts(except for the areas within the Destination Retail Highway District as indicated in Section 401.15.G08.c) shall be a total of fifty (50)special event days in a calendar year. Once the time period has expired for a special event, the applicant shall wait the same number of days that the special event permit was issued to start a new special event. C. Events in the Destination Retail Highway District. The total number of event days has been amended to allow one hundred eight(180)special event days in a calendar year. d. Permitted Signs and Displays.Subsections 1-5 gave been amended and 6 added. 1) Balloons 2) Tents 3) Bannerettes and Pennants 4) Banners 5) Search lights a) Search lights as regulated in Section 401.15.8.7.g.1 of this Ordinance 6) Ribbons,streamers and air inflatable devices limited to three(3)special events per calendar year,each no longer than ten(10)days per event. e. Prohibited Signs and Displays for Special Events. Subsection 1 has been amended, removing ribbons,and streamers from the text. Subsections 4 and 7 have been deleted. Page 43 of 200 SECTION 401.15.G.8. DISTRICT REGULATIONS Text amendment or deletion to its subsections have been made as follows: Subsection a(1) has been deleted in its entirety. Subsection b(1)has been deleted in its entirety. Subsection b(4)has been amended to read as follows: 4) Changeable Copy Signs — Manual and Electronic Non-Residential Uses in the O, Open Space Conservation District as regulated in Section 401.15.G.10 of this Ordinance. Subsection b(S)Electronic Sign Illumination has been deleted in its entirety. Subsection c(4) has been amended to read as follows: 4) Changeable Copy Signs—Manual and Electronic—P/l, Public Institutional District as regulated in Section 401.15.G.10 of this Ordinance. Subsection c(5) Electronic Sign Illumination has been deleted in its entirety. Subsection d (1) has been deleted in its entirety and the remaining subjection renumbered and amended as follows: 1) Freestanding Signs. a) Size of sign permitted is determined by the gross square footage of the principal structure located in the development. b) A maximum of one(1)freestanding sign is allowed upon any single lot. The freestanding sign base shall be surrounded with a landscaped planter at least three(3)feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials. C) Two(2)additional freestanding signs may be allowed provided they are in compliance with the following standards: (1) The signs are constructed as a monument. (2) Decorative shrubbery and/or flowers must be incorporated as part of the monument design and are maintained on a regular basis. d) The following table lists the maximum size and heights for permitted signs in the 3-2, 3- 3, B-4, B-W and l Districts: Pylon Monument Principal Structure Height Sign Size Height Copy& (Gross Square Feet) (Feet) (Square (Feet) Graphic Feet) (Square Feet) Multiple Occupancy Business 20 100 20 100 Buildings Destination Retail Highway District 40 200 20 100 Greater than 200,004 30 150 20 100 100,000—200,000 25 120 20 100 10,000—100,000 20 100 20 100 5,000—10,000 18 80 15 80 Less than 5,000 15 60 8 1 60 2) Wall Signs. a) New subsection a)amended to read as follows: "Size of sign permitted is determined by the gross square footage of the principal structure located in the development." b) Old subsection a)renumbered to b)and amended,changing the maximum number of wall signs on any principal building from two (2)to three (3) Page 44 of 200 C) Old subsection b) renumbered to c and amended changing the maximum number of wall signs allowed to be increased from over two(2)to three(3). Old subsection c)was deleted in its entirety. d) Subsection d)amended to read as follows: The following table lists the maximum size and heights for permitted signs in the B-2, B- 3, Bao, B-W and I Districts: Principal Structure Individual Wall Sign Total Wall Signage (Gross Square Feet) Calculation For Property Multiple Occupancy Business Buildings 200 square feet or 10 percent of the 500 square feet wail face,whichever is less Destination Retail Highway District 250 square feet or 10 percent of the 500 square feet wall face,whichever is less Greater than 200,000 200 square feet or 10 percent of the 500 square feet wall face,whichever is less 100,000—200,000 150 square feet or 10 percent of the 400 square feet wall face,whichever is less 10,000-100,000 120 square feet or 10 percent of the 300 square feet wall face,whichever is less 5,000-10,000 100 square feet or 15 percent of the 200 square feet wall face,whichever is less Less than 5,000 80 square feet or 15 percent of the 150 square feet wall face,whichever is less Subsection d (3)and (4) have been amended to read as follows: 3) Changeable Copy Signs — Manual and Electronic — as regulated in Section 401.15.G.10 of this Ordinance. 4) Exceptions in numbers of, height or size of signs may be allowed for the signs indicted in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided in Section 401.03 of this Ordinance. Subsection d(5) Electronic Sign Illumination has been deleted in its entirety. SECTION 401.15.G.9. SPECIAL DISTRICT PROVISIONS - Text amendment or deletion to its subsections have been made as follows: Subsection b(1)and (2)and c have been deleted in their entirety. Subsection d has been renumbered to c. Subsection c(3)has been deleted in its entirety. SECTION 401.15.G.10. CHANGEABLE COPY SIGNS—New Section a. _Manual and Electronic Changeable Copy Sign 1)� One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: a) Changeable copy signs shall only be on freestanding signs. b) The sign shall not directly face a residentially zoned property and shall be set back at least fifty(50)feet from any side or rear lot line abutting a residential district. C) The changeable copy portion of the sign shall not occupy more than thirty-five percent (35%)of the actual copy and graphic area of the sign. d) The sign message shall not change less than every ten(10)seconds. Hour,minute,date or temperature shall change not less than every three(3)seconds. Page 45 of 200 b. Electronic Sin Illumination 1) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties,buildings or streets. 2) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) buts from sunset to sunrise, measured at the sign face at maximum brightness. 3) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. 4) All signs incorporating LED lighting shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. 5) The owner of any LED illuminated sign shall provide certification as to compliance with these subsections and 401.15.G.5 of this Ordinance upon request by the zoning administrator. ALL ADOPTED AMENDMENTS SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE AND PUBLICATION. PLEASE NOTE: THIS TITLE AND "SUMMARY" OF THE ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAK PARK HEIGHTS, CHAPTER 401, CONCERNING THE ZONING ORDINANCE CLEARLY INFORMS THE PUBLIC OF THE INTENT AND EFFECT OF THE ORDINANCE AND CONFORMS WITH MINNESOTA STATUTE 412.191. Passed by the City Council for the City of Oak Park Heights on December,J 2015. CITY OF OAK PARK HEIGHTS ATTEST: Mary McComber, Mayor Eric A.Johnson,City Administrator Page 46 of 200 �el Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Title A-1 Excavating, Inc . 5th Payment for 2015 Street and Utility Reconstruction Agenda Placement Consent Originating Department/Requestor Finance - Betty Caruso, Finance Director Requester's Signature 4 A/- r` Action Requested Approve 5th payment request for A-1 Excavating, Inc 2015 Street Reconstruction Area D Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). The attached pay request of A-1 Excavating, Inc is $206,407.54 for the period of 1117115 through 1214115 for the 2015 Street Reconstruction Project-Area D. The total contract is for $3,359,802.70, net of the change orders. The payment has been approved by the engineer and administration and reviewed by the Finance Department. This payment has been reduced by 2% retainage. The Finance Department recommends approval of this payment upon receipt of the lien waiver and fully signed documents. Page 47 of 200 Owner: City of Oak Park Heights,P.O.Box 2007,Stillwater,MN 55082 Date: December 4,2015 StarftC For Period: 11/7/2015 to 12/4/207 5 Request No: 5 Contractor. A-1 Excavating,Inc.,406 26th Ave.,Bloomer,W154724 CONTRACTOR'S REQUEST FOR PAYMENT 2015 STREET RECONSTRUCTION-AREA D STANTEC PROJECT NO. 193801994D SUMMARY 1 Original Contract Amount $ 3,385,037.70 2 Change Order-Addition $ 114,192.50 3 Change Order- Deduction $ 139,427.50 4 Revised Contract Amount $ 3,359,802.70 5 Value Completed to Date $ 3,161,791.78 6 Material on band $ 0.00 7 Amount Eamed $ 3,161,791.78 8 Less Retainage 2% $ 63,235.84 9 Subtotal $ 3,098,555.94 10 Less Amount Paid Previously $ 2,892,148.41 11 Liquidated damages- $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 5 $ 206,407.54 Recommended for Approval by: STANTEC Approved by Contractor. Approved by Owner. A-1 EXCAVATING,INC. CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: 1838019940 REQ5.)dsm Page 48 of 200 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID;PART 1 -STREETS 1 MOBILIZATION LS 1 160200.00 160,200.00 2 TRAFFIC CONTROL LS 1 13000.00 13,000.00 3 TEMPORARY MAIL LS 1 16000.00 16,000.00 4 INLET PROTECTION EA 61 130.00 69 8,970.00 5 SILT FENCE,TYPE MACHINE SLICED LF 3400 2.00 1930 3,860.00 6 RECLAIM BITUMINOUS PAVEMENT SY 0 2.00 0.00 7 REMOVE SIGN EA 5 100.00 2 7 700.00 8 SALVAGE AND REINSTALL SIGN EA 80 160.00 33 33 5,280.00 9 REMOVE TREE EA 170 610.00 154 93,940.00 10 REMOVE ROADWAY BARRIERS LS 1 1000.00 1 1,000.00 11 CLEARING AND GRUBBING,INCLUDING LARGE STUMP REMOVAL LS 1 55000.00 1 55,000.00 12 REMOVE BITUMINOUS PAVEMENT SY 27820 1.60 27820 44,512.00 13 SAWING BITUMINOUS PAVEMENT-STREET LF 1530 2.00 1349 2,698.00 14 REMOVE CONCRETE CURB&GUTTER LF 330 5.00 330 1,650.00 15 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SF 16460 0.85 16300 13,855.00 16 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 12175 0.45 11993 5,396.85 17 REMOVE CONCRETE WALK SF 2000 0.80 887 709.60 18 REMOVE GRAVEL DRIVEWAY SF 5650 0.20 2272 454.40 19 COMMON EXCAVATION (P) CY 11560 11.00 11560 127,160.00 20 SUBGRADE EXCAVATION (CV) CY 5789 6.25 907 5,668.75 21 COMMON EXCAVATION-INFILTRATION FEATURE CY 590 11.00 364 364 4,004.00 22 AGGREGATE BASE,CLASS 5 TN 4020 10.00 11160.76 111,607.60 23 SELECT GRANULAR BORROW(MODIFIED) TN 6026 9.75 948.4 9,246.90 24 SELECT GRANULAR BORROW(CV) -INFILTRATION FEATURE CY 465 12,00 0.00 25 SELECT GRANULAR BORROW MODIFIED(CV) INFILTRATION FEATURE CY 45 22.00 236 236 5,192,00 26 GEOTEXTILE FABRIC TYPE V SY 12253 2.00 0.00 27 4"PVC PERFORATED DRAIN TILE,WITH COARSE FILTER AGGREGATE AND FILTER FABRIC LF 1560 8.00 999 1439 11,512.00 28 BITUMINOUS MATERIAL FOR TACK COAT GAL 1392 2.10 500 1680 3,528.00 29 TYPE SP 12.5 NON-WEARING COURSE MIXTURE(2,B) TN 1643 56.00 2344.97 131,318.32 30 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 1873 58.50 656.9 1965.19 114,963.62 31 TYPE SP 9,5 BITUMINOUS MIXTURE FOR DRIVEWAYS (2,B) TN 423 116.00 403.47 46,802.52 32 CUSTOM CONCRETE DRIVEWAYS/WALKS-MATCH EXISTING PATTERN/COLOR SF 2635 12.10 0.00 33 6 INCH CONCRETE DRIVEWAY SF 10335 5.80 10957 63,550.60 34 B618 CONCRETE CURB AND GUTTER LF 690 13.00 723 9,399.00 35 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 19786 10.60 17087 181,122.20 36 CONCRETE WALK SF 2000 4.50 857 3,856.50 37 CONCRETE STEPS SF 270 61.00 48 2,928.00 38 SEEDING,INCLUDING SEED,FERTILIZER,AND WOOD FIBER BLANKET SY 4210 2.60 900 900 2,340.00 39 HYDROSEED WITH MULCH SY 34200 1.35 -6594 18406 24,848.10 40 SODDING,MINERAL TYPE SY 20 35.00 0.00 41 SELECT TOPSOIL BORROW TN 7570 0.01 3378.69 3622.5 36.23 42 SIGN PANELS SF 30 37.00 28.5 28.5 1,054.50 43 CYLINDER STYLE DELINEATOR (X413),6"DIAMETER, WHITE EA 7 70.00 7 7 490.00 44 STREET NAME BLADE SIGNS EA 5 235.00 5 5 1,175.00 45 12"SOLID WHITE STOP BAR LF 186 4.00 75 75 300.00 46 WATER FOR DUST CONTROL MG 600 25.00 0.00 47 STREET SWEEPER(WITH PICKUP BROOM) HR 120 130.00 31.5 4,095.00 TOTAL BASE BID:PART 1 -STREETS 1,293,424.68 193801994 REW1 *m Page 49 of 200 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID:PART 2-WATERMAIN 48 TEMPORARY WATER SERVICE LS 1 16000.00 1 16,000.00 49 EXCAVATION SPECIAL(POTHOLE EXISTING UTILITY) EA 40 150.00 0.00 50 REMOVE WATER MAIN PIPE LF 9505 1.00 9776 9,776.00 51 REMOVE WATER SERVICE LF 3150 1.00 3459 3,459.00 52 REMOVE HYDRANT EA 17 100.00 19 1,900.00 53 REMOVE VALVE AND BOX EA 26 20.00 12 240.00 54 ROCK EXCAVATION-WEATHERED CY 5700 1.00 376.67 376.67 55 ROCK EXCAVATION-HARD CY 570 30.00 100.85 3,025.50 56 SAND CUSHION LF 2600 3.00 0.00 57 IMPROVED PIPE FOUNDATION LF 8974 0.50 0.00 58 CONNECT TO EXISTING WATER MAIN EA 9 1700.00 1 11 18,700.00 59 6"DIP WATER MAIN,CLASS 52 LF 8574 68.00 8966.5 609,722.00 60 9'DIP WATER MAIN,CLASS 52 LF 931 74.00 1156 85,544.00 61 PIPE BURST 6"PVC,C900 WATER MAIN,INCLUDING DUAL TRACER WIRE LF 210 105.00 210 22,050.00 62 6"GATE VALVE AND BOX EA 43 1220.00 43 52,460.00 63 8"GATE VALVE AND BOX EA 3 1640.00 3 4,920.00 64 ADJUST VALVE BOX EA 2 75.00 0.00 65 WATER MAIN OFFSET-6" EA 7 2750.00 0.00 66 WATER MAIN OFFSET-8" EA 1 3000.00 0.00 67 HYDRANT EA 17 3800.00 22 83,600.00 68 DUCTILE IRON FITTINGS LB 6210 1.00 724 3247 3,247.00 69 INSULATION-4"THICK SF 8000 4.00 0.00 70 1"CORPORATION STOP EA 105 120.00 118 14,160.00 71 1"CURB STOP AND BOX EA 105 250.00 113 28,250.00 72 1"TYPE"K"COPPER PIPE LF 3150 41.00 3459 141,819.00 73 CONNECT TO EXISTING WATER SERVICE EA 106 80.00 118 9,440.00 TOTAL BASE BID:PART 2-WATERMAIN 1,108,689.17 BASE BID:PART 3-SANITARY SEWER 74 REMOVE SANITARY SEWER CASTING AND RINGS EA 41 100.00 35 41 4,100.00 75 REMOVE SANITARY SEWER PIPE LF 230 1.00 200 200.00 76 REMOVE SANITARY MANHOLE FA 4 400.00 4 1,600.00 77 8"PVC SANITARY SEWER PIPE-SDR 26 LF 30 69.00 14 966.00 78 10"PVC SANITARY SEWER PIPE-SDR 26 LF 198 70.00 192 13,440.00 79 CONNECT TO EXISTING SANITARY SEWER PIPE EA 5 1300.00 3 3,900.00 80 10"X4"PVC WYE EA 6 190.00 2 380.00 81 4"PVC SANITARY SEWER SERVICE PIPE LF 120 49.00 28 1,372.00 82 CONNECT TO EXISTING SEWER SERVICE EA 6 180.00 2 360.00 83 IMPROVED PIPE FOUNDATION LF 230 0.50 0.00 84 4'DIAMETER SANITARY SEWER MH EA 3 2640.00 3 7,920.00 85 4'DIAMETER SANITARY SEWER MH WITH OUTSIDE DROP EA 1 4740.00 0.00 86 RECONSTRUCT MANHOLE LF 90 160.00 3 480.00 87 SANITARY MANHOLE OVERDEPTH LF 10 170.00 10 1,700.00 88 FURNISH&INSTALL NEW SANITARY MH CASTING AND RINGS EA 34 440.00 34 14,960.00 89 FURNISH &INSTALL NEW WATERTIGHT SANITARY MH CASTING AND RINGS EA 3 1020.00 3 3,060.00 90 PRECONSTRUCTION SANITARY TELEVISING LF 7856 1.60 9802 15,683.20 91 SEWER REHABILITATION WITH CIPP,S" LF 4805 21.50 807 6607 142,050.50 92 SEWER REHABILITATION WITH CIPP,9" LF 445 29.50 -345 405 11,947,50 93 SEWER MANHOLE REHABILITATION LF 216 162.00 190 190 30,780.00 TOTAL BASE BID:PART 3-SANITARY SEWER 254,899.20 BASE BID:PART 4-STORM SEWER 94 REMOVE STORM SEWER CASTING AND RINGS EA 12 100.00 12 1,200.00 95 REMOVE STORM SEWER MANHOLE OR CATCH BASIN EA 3 350.00 4 1,400.00 96 REMOVE STORM SEWER PIPE LF 100 10.00 23 230.00 193801994D REQ5.xHm Page 50 of 200 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 97 12"RCP STORM SEWER,CL 5 LF 260 37.00 0.00 98 15"RCP STORMS EWER,CL 5 LF 506 38.00 448 17,024.00 99 18"RCP STORM SEWER,CL 5 LF 2170 38.00 2226.5 84,607.00 100 21"RCP STORM SEWER,CL 4 LF 343 44.00 325 14,300.00 101 24"RCP STORM SEWER,CL 4 LF 105 50.00 136 6,800.00 102 4' DIAMETER STORM SEWER MH OR CBMH EA 21 2000.00 21 42,000.00 103 5DIAMETER STORM SEWER MH OR CBMH EA 5 2600.00 5 13,OD0.00 104 6'DIAMETER STORM SEWER MH OR CBMH EA 3 3400.00 3 10,200.00 105 7'DIAMETER STORM SEWER MH OR CBMH EA 5 4100.00 3 12,300.00 106 2'x3'CATCH BASIN EA 11 1500.00 13 19,500.00 107 DRAINAGE SWALE GRADING SY 400 10.00 0.00 108 FURNISH&INSTALL NEW STORM SEWER CASTING AND RINGS-CB EA 5 520.00 6 3,120.00 109 FURNISH R INSTALL NEW STORM SEWER CASTING AND RINGS-MH EA 5 440.00 2 880.00 110 CONNECT TO EXISTING STORM SEWER PIPE EA 5 500.00 3 1,500.00 111 CONNECT TO EXISTING STORM STRUCTURE EA 2 600.00 2 1,200.00 112 CONNECT TO STRUCTURE(DRAINTILE) EA 78 70.00 29 2,030.00 TOTAL BASE BID:PART 4-STORM SEWER 231,291.00 TOTAL BASE BID:PART 1 -STREETS 1,293,424.68 TOTAL BASE BID:PART 2-WATERMAIN 1,108,689.17 TOTAL BASE BID:PART 3-SANITARY SEWER 254,899.20 TOTAL BASE BID:PART 4-STORM SEWER 231,291.00 TOTAL BASE BID 2,888,304.05 ALTERNATE 1 -VALLEY VIEW PARKING LOT 113 MOBILIZATION LS 1 6000.00 1 6,000.00 1T4 TRAFFIC CONTROL LS 1 2750.00 1 2,750.00 115 RECLAIM BITUMINOUS PAVEMENT SY 3950 2.00 3950 7,900.00 116 SAWING BITUMINOUS PAVEMENT LF 80 3.00 87 261.00 117 COMMON EXCAVATION (P) CY 440 7.00 440 3,080.00 118 BITUMINOUS MATERIAL FOR TACK COAT GAL 180 2.50 160 400.00 119 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (2,B) TN 350 58.00 341.97 19,834.26 120 TYPE SP 12.5 WEARING COURSE MIXTURE(2,C) TN 350 65.00 320.4 20,826.00 121 B618 CONCRETE CURB AND GUTTER LF 1930 14.00 1917 26.838.00 122 HYDROSEED WITH MULCH SY 780 1.50 1411 2,116.50 123 SELECT TOPSOIL BORROW TN 20 16.00 TOTAL ALTERNATE 1 -VALLEY VIEW PARKING LOT 90,005.76 ALTERNATE 5-OSMAN,64TH,OIARK STREET IMPROVEMENTS 222 MOBILIZATION LS 1 2750.00 1 2,750.00 223 TRAFFIC CONTROL LS 1 1700.00 1 1,700.00 224 TEMPORARY MAIL LS 1 1000.00 1 1,ODD.00 225 INLET PROTECTION EA 3 130.00 3 390.00 226 SILT FENCE,TYPE MACHINE SLICED LF 30 2.00 30 60.00 227 REMOVE TREE EA 2 610.00 0.00 228 REMOVE BITUMINOUS PAVEMENT SY 5440 1.60 1545 2,472.00 229 SAWING BITUMINOUS PAVEMENT-STREET LF 130 3.00 402 1,206.00 230 REMOVE CONCRETE CURB 8,GUTTER LF 3105 2.30 12 27.60 231 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SF 3300 1.00 0.00 232 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 600 1.00 0.00 233 REMOVE GRAVEL DRIVEWAY SF 300 1.00 0.00 234 COMMON EXCAVATION (P] CY 2775 11.00 850 9,350.00 235 SUBGRADE EXCAVATION CY 1390 6.25 0.00 236 AGGREGATE BASE,CLASS 5 TN 930 10.00 929.49 9,294.90 237 SELECT GRANULAR BORROW(MODIFIED) TN 1390 9.75 0.00 238 GEOTEXTILE FABRIC TYPE V SY 1220 2.00 0.00 239 4'PVC PERFORATED DRAIN TILE,WITH COARSE FILTER AGGREGATE AND FILTER FABRIC LF 40 12.00 0.00 193801994D REM.*m Page 51 of 200 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 240 BITUMINOUS MATERIAL FOR TACK COAT GAL 272 2.25 60 135.00 241 TYPE SP 12.5 NON-WEARING COURSE MIXTURE(2,B) TN 516 56.00 225.08 12,604.48 242 TYPE SP 12.5 WEARING COURSE MIXTURE(2,C) TN 516 58.50 151.14 8,841.69 243 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS(2,B) TN 70 120.00 0.00 244 6 INCH CONCRETE DRIVEWAY SF 600 7.80 0.00 245 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 3110 11.20 930 T0,416.00 246 HYDROSEED WITH MULCH SY 5180 1.40 1411 1,975.40 247 SELECT TOPSOIL BORROW TN 1160 0.01 0.00 248 12"SOLID WHITE STOP BAR LF 44 8.00 15 15 120.00 249 WATER FOR DUST CONTROL MG 50 40.00 0.00 250 STREET SWEEPER(WITH PICKUP BROOM) HR 6 130.00 0.00 251 ADJUST VALVE BOX EA 3 75.00 0.00 252 CONNECT TO STRUCTURE(DRAINTILE) EA 2 70.00 0.00 TOTAL ALTERNATE 5-OSMAN,64TH,OZARK STREET IMPROVEMENTS 62,343.07 ALTERNATE 6- PANAMA STORM 253 MOBILIZATION LS 1 1250.00 1,250.00 254 TRAFFIC CONTROL LS 1 1600.00 1,600.00 255 4"PVC PERFORATED DRAIN TILE,WITH COARSE FILTER AGGREGATE AND FILTER FABRIC LF 20 12.00 0.00 256 15"RCP STORM SEWER,CL 5 LF 300 38.00 260 9,880.00 257 2'x3'CATCH BASIN EA 1 1500.00 1,500.00 258 CONNECT TO EXISTING STORM STRUCTURE EA 1 1100.00 1,100.00 259 CONNECT TO STRUCTURE(DRAINTILE) EA 1 70.00 TOTAL ALTERNATE 6-PANAMA STORM CHANGE ORDER NO,1 1 MOBILIZATION LS 0 2750.00 0.00 2 TRAFFIC CONTROL LS 0 1700.00 0.00 3 TEMPORARY MAIL LS 0 1000.00 0.00 4 INLET PROTECTION EA 0 130.00 0.00 5 SILT FENCE,TYPE MACHINE SLICED LF 0 2.00 0.00 6 REMOVE TREE EA 2 (610.00) 0.00 7 REMOVE BITUMINOUS PAVEMENT SY 3910 (1.60) 0.00 8 SAWING BITUMINOUS PAVEMENT-STREET LF 270 3.00 0.00 9 REMOVE CONCRETE CURB&GUTTER LF 3105 (2.30) 0.00 10 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SF 2550 (1.00) 0.00 11 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 505 (1.00) 0.00 12 REMOVE GRAVEL DRIVEWAY SF 300 (1.00) 0.00 13 COMMON EXCAVATION (P) CY 1650 (11.00) 0.00 14 SUBGRADE EXCAVATION CY 1070 (6.25) 0.00 15 AGGREGATE BASE,CLASS 5 TN 155 (10.00) 0.00 16 SELECT GRANULAR BORROW(MODIFIED) TN 730 (9.75) 0.00 17 GEOTEXTILE FABRIC TYPE V SY 910 (2.001 0.00 18 4'PVC PERFORATED DRAIN TELE,WITH COARSE FILTER AGGREGATE AND FILTER FABRIC LF 40 (12.00) 0.00 19 BITUMINOUS MATERIAL FOR TACK COAT GAL 182 (2.25) 0.00 20 TYPE SP 12.5 NON-WEARING COURSE MIXTURE(2,B) TN 376 (56.00) 0.00 21 TYPE SP 12.5 WEARING COURSE MIXTURE (2C) TN 376 (58.50) 0.00 22 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS(2,B) TN 54 (120.00) 0.00 23 61NCH CONCRETE DRIVEWAY SF 505 (7.80) 0.00 24 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 2170 (11.20) 0.00 25 HYDROSEED WITH MULCH SY 4110 (1.40) 0.00 26 SELECT TOPSOIL BORROW TN 950 (0.01) 0.00 27 12"SOLID WHITE STOP BAR LF 29 (8.00) 0.00 28 WATER FOR DUST CONTROL MG 40 (40.00) 0.00 29 STREET SWEEPER (WITH PICKUP BROOM) HR 3 (130.00) 0.00 30 ADJUST VALVE BOX EA 2 (75.00) 0.00 31 CONNECT TO STRUCTURE(DRAINTILE) EA 2 (70.00) 0.00 TOTAL CHANGE ORDER NO. 1 0.00 18380199413 REQ5-)&m Page 52 of 200 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date CHANGE ORDER NO.2-ALTERNATE NO.3 1 MOBILIZATION LS 1 1250.00 1 1,250.00 2 TRAFFIC CONTROL LS 1 1000.00 1 1,000.00 3 INLET PROTECTION EA 2 130.00 0.00 4 SILT FENCE,TYPE MACHINE SLICED LF 600 2.00 0.00 5 SALVAGE AND REINSTALL SIGN EA 4 160.00 0.00 6 REMOVE BITUMINOUS PAVEMENT SY 1420 2.00 1236 2,472.00 7 SAWING BITUMINOUS PAVEMENT LF An 3.00 0.00 8 AGGREGATE BASE,CLASS 5 TN 240 10.00 208.89 2,088.90 9 TEMPORARY WATER SERVICE LS 1 5000.00 1 5,000.00 10 EXCAVATION SPECIAL(POTHOLE EXISTING UTILITY) EA 2 150.00 0.00 11 REMOVE WATERMAIN LF 642 1.00 572 572.00 12 REMOVE WATER SERVICE LF 120 1.00 0.00 13 REMOVE HYDRANT EA 1 100.00 2 200.00 14 REMOVE VALVE AND BOX EA 1 20.00 1 20.00 15 CONNECT TO EXISTING WATER MAIN EA 3 1700.00 3 5,100.00 16 6"DIP WATER MAIN,CLASS 52 LF 140 49.00 40 62 3,038.00 17 8"DIP WATER MAIN,CLASS 52 LF 642 55.00 572 31,460.00 18 6"GATE VALVE AND BOX EA 5 1220.00 3 3,660.00 19 8"GATE VALVE AND BOX EA 3 1640.00 2 3,280.00 20 ADJUST VALVE BOX EA 1 75.00 0.00 21 HYDRANT EA 2 3800.00 2 7,600.00 22 DUCTILE IRON FITTINGS LB 550 9.00 364 3,276.00 23 INSULTATION-N'THICK SF 100 4.00 0.00 24 CONNECT TO EXISTING WATER SERVICE EA 3 80.00 3 240.00 TOTAL CHANGE ORDER NO.2-ALTERNATE NO.3 70,256.90 CHANGE ORDER NO.3 1 PRETREATMENT BOX,ACD TURRET EA _ 1925.00 2 3,850.00 2 PRETREATMENT BOX,ACD BUNKER EA 8 1325.00 8 10,600.00 3 4"DRAINTILE CLEAN OUT EA 8 230.00 8 8 1,840.00 4 GATE VALVE ASSEMBLY EA 8 415.00 8 8 3,320.00 5 EDGING,VINYL LF 645 8.80 650 650 5,720.00 6 POLY LINER SF 1500 1.30 1500 1500 1.950.00 7 SOD SY 554 17.60 470 8,272.00 8 SOD SY 20 (35.00) 0.00 9 HYDROSEED WITH MULCH SY 534 (1.35) 0.00 10 REMOVE TREE EA 8 (610.00) 0.00 11 DRAINAGE SWALE GRADING SY 400 (10.00) 0.00 TOTAL CHANGE ORDER NO.3 35,552.00 TOTAL BASE BID: 2,888,304.05 TOTAL ALTERNATE 1 -VALLEY VIEW PARKING LOT 90,005.76 TOTAL ALTERNATE 5-OSMAN,64TH,OZARK STREET IMPROVEMENTS 62,343.07 TOTAL ALTERNATE 6-PANAMA STORM 15,330.00 TOTAL CHANGE ORDER NO. 1 0.00 TOTAL CHANGE ORDER NO.2-ALTERNATE NO.3 70,25690 TOTAL CHANGE ORDER NO.3 35,552.00 TOTAL WORK COMPLETED TO DATE 3,161,791.78 193801904D RE05-)Um Page 53 of 200 PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS STANTEC PROJECT NO. 193801994D CONTRACTOR A-1 EXCAVATING, INC. CHANGE ORDERS No. Date Description Amount 1 4/23/2015 This Change Order provides for adjustments to this ($139,427.50) project.See Change Order 2 6/4/2015 This Change Order provides for the addition of $87,507.00 Alternate No.3 to project.See Change Order 3 7/13/2015 This Change Order provides for adjustments to this $26,685.50 project.See Change Order Total Change Orders ($25,235.00) PAYMENT SUMMARY No. From To Payment Retainage Completed 1 05/01/2015 07/17/2015 826,396.55 43,494.56 869,891.10 2 07/18/2015 09/02/2015 1,018,541.77 97,102.02 1,942,040.33 3 09/03/2015 10/09/2015 514,714.84 124,192.27 2,483,845.42 4 10/10/2015 11/06/2015 532,495.26 152,218.34 3,044,366.74 5 11/07/201512/04/2015 206,407.54 63,235.84 3,161,791.78 Material on Hand Total Payment to Date $2,892,148.40 Original Contract $3,385,037.70 Retainage Pay No. 5 63,235.84 Change Orders ($25,235.00) Total Amount Earned $2,955,384.24 Revised Contract $3,359,802.70 19380IOND RED5.xism Page 54 of 200 Oak Park Heights Request for Council Action Meeting Date December 13 2015 Time Required: 1 minute Agenda Item Title: 2016 Home Occupation Permit Renewals Agenda Placement Consent Originating Department/Requestor Administration/Julie Hultman Requester's Signature Action Requested ADDL Home Occupation Permit Renewals for 2016) Background/Justification: (Please indicate if any previous action has been taken or if other public bodies have advised) Home Occupation Permits require annual renewal. The following individuals held Home Occupation Permits in 2015 and seek renewal for 2016: 1. Robin Anthony, Party On Stillwater 2. David Beiz, Valley Floral Co. 3. Lynn Foster—Piaon Lessons 4. Sharon Haynes, Beauty Salon 5. Rene'e Monpetite, Child Daycare 6. Mark Powell, Upholstery Services 7. Phyllis Smith, Garment Alterations Page 55 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 56 of 200 Oak Park Heights Request for Council Action Meeting Date: Tues-d—ay November 24 2015 Agenda Item : Authorize Rink Attendant Hire Time Req. 1 Minute Agenda Placement: Consent Originating Department/Request r: Public Works Andy Keglev, Public Works Director Requester's Signature Action Requested: Authorize P W. Director to hire rink attendants for the 2015-2016 season I am requesting the Council authorize me to hire part time seasonal rink attendants for the 2015- 2016 season. Rink attendants work roughly 15-20 hours per week at the Brekke and Cover Park warming houses. The pay rate for a rink attendant is$11 per hour. The rinks are open 7 days per week M-F 3- 9 sat and Sun 9 AM—9 PM. A minimum of six (6) part time employees are necessary to staff the unarming houses throughout the season. To date I have five (5)applicants; four are returning star Page 57 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 58 of 200 Oak Park Heights Request for Council Action Meeting Date December 8 2015 Time Required: 1 minute Agenda Item Title: City Code of Ordinances—U date CC 102 Master Fee Schedule Agenda Placement Consent Originating Department/Requestor Administration/Julie Hultman Requester's Signature Action Requested ConsU and Ado t Amended CC 102 Master Fee Schedule Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): In May of 2006,the City Council reviewed and adopted City Ordinance CC102 Master Fee Schedule which was created in such a manner that it could be revised on an as needed basis without re-adoption of the city code and/or publication. The schedule was last updated,with changes adopted December 9, 2014. The attachment is a summary of the proposed Master Fee Schedule amendments,reflecting changes to the same: • Sewer usage rates, as approved by City Council 11/10/15; • Connection charges to undeveloped/unconnected land, as approved by City Council earlier this meeting; • Tree Removal charges related to diseased tree removal and owner requested boulevard tree removal; and • Video Data Requests(In Car Video &Body Worn Camera Video), approved by City Council 09/22/15. Following your review, staff recommends that the summary of fee amendments to CC-102 Master Fee Schedule be adopted as presented or with any amendments made by the City Council with regards to fees reviewed earlier this evening and that they be incorporated within the fee schedule. The amendment to the schedule shall be published as required by law with an effective date of January 1, 2016. Page 59 of 200 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA ORDINANCE NO.2015-102- AN ORDINANCE AMENDING CHAPTER 102 CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS SPECIFICALLY RELATED FEE CHANGES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA,DOES ORDAIN: Section 1. Amendment. That Chapter 102 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to add the following changes in fees,providing as follows: Schedule of Fee Amendments: • Sewer Usage Rates(Quarterly)based on gallons of water used: As Approved By City Council on 11-10-2015. *Residential rates determined by amount of water used in the March quarter of each year. *Commercial,Industrial,Institutional and High Density Residential rates are based upon actual usage each quarter. Up to 15,000 gallons From$66.00 to$70.50 + Each 1,000 gallons above 15,000 gallons up to 50,000 gallons From$4.90 to $5.20 + Each 1,000 gallons above 50,000 gallons From$5.30 to$5.60 Connection Charges: For Undeveloped/Unconnected Land(Utility Area Charge) Land Use: Commercial/Industrial&Retail/Business Centers: • Sanitary Sewer From$2,445 per acre to$2,494 per acre • Water Main From$12,707 per acre to$12,961 per acre • Storm Sewer From$1,918 per acre to $2,021 per acre • Storm Sewer-TSMP Area From$9,242 per acre to$9,427 per acre Land Use: Low Density Residential: • Sanitary Sewer From$2,331 per acre to$2,3781 per acre • Water Main From$12,123 per acre to$12,365 per acre • Storm Sewer From$1,091 per acre to$1,113 per acre • Storm Sewer-TSMP Area From$8,352 per acre to$8,519per acre Land Use: Medium Density Residential: • Sanitary Sewer From$3,110 per acre to $3,172 per acre • Water Main From$16,162 per acre to$16,485 per acre • Storm Sewer From$1,582 per acre to$1,614 per acre • Storm Sewer-TSMP Area. From$8,842 per acre to$9,019 per acre Land Use: High Dengjjy Residential: • Sanitary Sewer From$5,442 per acre to$5,551 per acre Water Main From$28,287 per acre to$28,853 per acre • Storm Sewer From -1.981 per acre to$2,021 per acre • Storm Sewer-TSMP Area From$9,242 per acre to $9,427 per acre Page 60 of 200 • Tree Removal: (Tree Removals shall be per City Ordinance Regulations) • Diseased Tree Removal: As per City Ordinance 1302 • Owner Requested Boulevard Tree Removal: $200.00 • Video Data Requests (In Car Video&Body Worn Camera Video):As Approved By City Council on September 22,2015 Actual Costs Incurred.Includes employee costs, overhead,equipment&materials. Section 2. Effective Date. This Ordinance shall be in full force and effect January 1,2016, after its passage and publication according to law. Passed and adopted by the City Council of the City of Oak Park Heights, Washington County,Minnesota, on this 8h day of December,2015. CITY OF OAK PARK HEIGHTS By: Mary McComber,Mayor Attest: Eric A.Johnson, City Administrator Page 61 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 62 of 200 Oak Park Heights Request for Council Action Meeting Date December 8h 2015 Time Required: 5 Minutes Agenda Item Title: Proclamation of Achievement—Patrick Balfanz Agenda Placement Visitor's ubli mment. Originating Department/Re or c Johnso �i of Oak Park Heights Requester's Signature Action Requested A r ve Proclamation Background/Justific tion(Please indicate if any previous action has been taken or if other public bodies have advised): Read and Approve Proclamation. Page 63 of 200 1 A Proclamation of the City of Oak Park Heights WHEREAS, PATRICK BALFANZ has obtained the rank of Eagle Scout by completing his Eagle Scout Project through the construction of a Blue Bird Trail in Autumn Hills Park; and WHEREAS, the rank of Eagle Scout is a lifetime award and sets the stage for a lifetime of expectations; and WHEREAS, the rank of Eagle Scout is obtained by only approximately two percent of all Scouts; and WHEREAS, the rank of Eagle Scout represents the highest award possible for a Boy Scout; and WHEREAS, the rank of Eagle Scout represents a significant commitment to leadership and team work NOW, THEREFORE, I, Mary McComber, by virtue of the authority vested in me, as Mayor of the City of Oak Park Heights in the State of Minnesota, do hereby officially thank and congratulate Patrick Balfanz for his work in the City and his accomplishments and call on all citizens to further acknowledge the accomplishments of PATRICK BALFANZ. IN WITNESS WHEREOF, I have hereunto set may hand and caused the Seal of the City of Oak Park Heights to be affixed this 8th day of December 2015. Mayor Mary McComber Page 64 of 200 Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Title Truth in Taxation—2016 Budget Presentation Time Required 10 min Agenda Placement Public Hearin Originating Department/Requestor Finance-BLtty Caruso Finance Director Requester's Signature Action Requested Hold Public TNT Hearing for TaxipUers Comments and Information Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). TNT Hearing Notices were mailed to taxpayers in the city on November 12, 2015 giving them notice of their proposed property taxes for 2016. The TNT hearing is scheduled for December 8, 2015 7:00 p.m. City Hall, 14168 Oak Park Blvd. N., for public input and information. The city council adopted a proposed budget$5,648,560 on September 21, 2015 and the information given to the taxpayers is based on that budget. Changes to the budget can be made through adoption, however the Council cannot make changes to exceed this preliminary amount. 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W CL (D Q- 0 ppLn� n Page 78 of 200 City of Oak Park Heights 2016 Annual Budget Page I Page 79 of 200 2016 Annual Budget Table of Contents City Officials 3 Budget Process 4 General Fund Revenues b General Fund Expenditures 7 Tax Levies, Tax Capacity and Tax Capacity Rate 9 Utility Fund Revenues and Expenditures 14 Debt Service Funds 15 Budgeted Projects Fund 15 Exhibit A- General Fund Expenditure Budget Summary Exhibit B-Summary of Levy Increases/Decreases as Compared to 2015 Pae 2 Pag 80 of 200 Oak Park Heights City Officials Position Term Expires Mayor Mary McComber 12/31/2016 Councilmember Chuck Dougherty 12/31/2016 Councilmember Mike Liljegren 12/31/2018 Councilmember Mike Runk 12/31/2016 Councilmember Mark Swenson 12/31/2018 City Staff Eric A. Johnson—City Administrator Betty Caruso—Finance Director Brian DeRosier—Police Chief Andrew Kegley—Public Works Director David Mol—City Auditor Mark Vierling—City Attorney Lee Mann—City Engineer Page 3 Page 81 of 200 Budget Process The annual budget process is a thorough review of all City revenues and expenditures for the current and upcoming year. There are many uncontrollable factors the City must comply with that affect both the amount of revenues the City receives and the amount the City must expend in order to provide the current level of services. There are also numerous unfunded mandates the City must comply with, such as: Revenues • Tax exempt property—City must still maintain police/fire protection, streets, etc. • Limitations of local special assessments. • Local improvement feasibility reports requirements. • Limitation of maximum penalties and fines for ordinance violations. • Truth in taxation requirements. • Limitation on fees for licenses, i.e. off-sale and Sunday on-sale liquor, fireworks. Expenditures • Pay equity, implementation and reporting. • Worker's compensation. • Public pensions. • Continuation of health and life insurance coverage. • Prevailing wages paid on public contracts. • Veteran's preference. • Mandatory binding arbitration for employee classes such as police and firefighters. • Various public safety requirements i.e. Peace officer standards and training, confined space entry, suspense file reduction, tobacco compliance checks. • Building code administration and limits to permit fees for minor improvements. • Numerous environment requirements i.e.,wastewater treatment standards Wetland Conservation Act, recycling programs, waste collection practices, drinking water standards, surface water management plans, Federal Clean Water Act, Wellhead Protection, Wastewater permit requirements, and storing of hazardous substances reporting. • Planning requirements for land use, zoning,building codes. • Comprehensive plan updates. • Conducting elections including paying judges, absentee ballots and recounts. • Record keeping requirements for Data Practices Act and retention schedules. • Competitive bidding. • Open Meeting Law notices, agendas and minutes. • Various financial reporting requirements, i.e. budget, audit reports, TIF reports, building inspection fee reporting, business subsidy reports, outstanding debt reports, continuing disclosure reports. Page 4 Page 82 of 200 Budget Process The City Council and staff engage in a thorough budget process each year in order to present a fair and balanced budget for the citizens of Oak Park Heights. 1. The annual budget process commences in June/July of each year with the Finance Director distributing budget worksheets to the department heads for completion. The City Council is requested to inform the Finance Director of any special requests they may have for the budget. 2. The department heads determine the anticipated expenditures and budget requests for the upcoming year. These requests are submitted to the Finance Director and Administrator for review by the end of July. 3. The Finance Director compiles a draft of the preliminary budget and submits it to the City Council. 4. The City Council schedules workshops for discussion and review of the preliminary budget. There are usually 2 to 3 workshops held during the month of August and the first week in September. All workshops are public meetings and the public is welcome to attend. 5. After all input and requests have been considered, the Finance Director makes revisions to the preliminary budget and submits it to Council for approval of the proposed budget and tax levy. Per Minnesota State Statute this must be completed and certified to the County no later than September 30. 6. The City Council sets the date for the Truth in Taxation meeting requirements. The City is required to hold a meeting in which the public is allowed to speak and the budget and levy is discussed. The hearing may be a part of a regularly scheduIed meeting. The dates must be certified to the County no later than September 30. 7. Council conducts additional workshops to discuss any additional changes to the budget due to updated revenue and/or expenditure information,i.e. insurance rates,contract fees, etc. 8. The Truth in Taxation meeting is held. 9. The final budget and levy must be certified to the County by December 28, 2015 and to the Minnesota Department of Revenue after the levy is adopted. Page 5 Page 83 of 200 General Fund Revenues Historically the City relies on tax revenue to fund the City's budget. Other sources of revenues are limited due to the nature of city business. State and Federal government regulations limit the ability to raise additional revenues, such as charges for licensing and permits. The 2016 budget is supported by$5,191,731 tax levy or 92.35%of the total revenue budget. Some factors affecting revenues are: Revenues from Licenses and Permits have remained low; • Interest earnings have decreased. • Intergovernmental Revenue had a minimal increase • Other Revenue, such as funding for the School Liaison Officer has decreased. The following chart shows the percentage of revenue sources to fund the past three years and the budgeted amounts for 2015 and 2016 REVENUE TYPES BY PERCENTAGE OF TOTAL REVENUE Actual Actual Actual Budget Budget 2012 2013 2014 2015 2016 Taxes 89.13% 90.79% 94.06% 94.34% 93.69% Taxe Abatements 0.00% -3.67% -5.64% 0.00% 0.00% Licenses/Permits 3.45% 1.79% 2.63% 0.95% 1.54% Fines& Forfeits 1.15% 1.00% 1.08% 0.82% 0.89% Intergovernmental Revenue 1.66% 1.91% 1.98% 1.52% 1.54% Charges for Services 0.25% 5.98% 1.52% 0.89% 0.92% Other Revenue 4,36% 2.20% 4.37% 1.48% 1.43% REVENUES BUDGET '2'01 ■Taxes 93.69% ■Licenses/Permits 1.54% ■Fines&Forfeits .89% Intergovernmental Revenue 1.54% Charges for Services .92% Other Revenue 1.43% Tax Abatement adjustments from the county for commerical properties during 2013 -2015 have reduced the amount of revenue that the city collects annually. The total amount for Page 6 Page 84 of 200 2015 is not reflected in the above percentages as the total amount is unknown at this time. The abatement petitions are continuously being settled by the county. The petitions from the commericial properties have decreased and should not have such a large impact on the fixture tax revenues collected. The following is a summary of the revenue dollars which fund the city operations from 2013 through budgeted 2016. General Fund Revenue Summary 2015/2016 2013 2014 2015 2016 Budget Actual Actual Bud eet Bud Inc ec Taxes Operations $ 4,012,454 $ 4,283,626 $ 4,414,731 $ 4,571,593 I56,862 Debt Levy 536,000 559,000 608,000 620,000 12,000 Total Taxes $ 4,548,454 $ 4,842,626 $ 59022,731 $ 5,191,593 $ 168,862 Tax Abatements (190,118) (295,424) - - - Other Taxes 74,866 73,320 70,000 73,950 3,950 Business Licenses-Permits 39,059 52,173 38,330 43,177 4,847 Non-Business Licenses-Permits 51,852 85,370 13,500 43,500 30,000 Fines&Forfeits 50,749 56,537 45,000 50,000 5,000 Intergovernmental Revenues 96,587 103,283 83,040 87,040 4,000 Charges for services 380,025 79,423 48,748 51,650 2,902 Miscellaneous Revenues 120,396 228,608 80,650 80,650 TOtalReveni $ 5,171,870 $ 5,225,916 $ 5,401,999 $ 5,621,560 $ 219,561 The debt levy is budgeted for in the General Fund and transferred to Debt Service Funds to make the debt payments for the various bond issues. For 2016, the debt levy of$620,000 was added to General Fund Levy with a corresponding transfer expenditure of$620,000 to the debt service fund. The total 2016 Revenue Budget is$5,621,560. This is an increase of 4.06%or$219,561 over the 2015 Revenue Budget. General Fund Expenditures The Proposed 2016 budget for General Fund Expenditures is $5,648,560. This includes expenditures for operations and transfers for capital projects and debt service. The 2016 operations budget is $4,001,085 as compared to the 2015 operating budget of$3,877,124, a 3.2% increase. Transfers for Debt Service and Capital Projects for 2015 are $620,000 and $1,000,475 respectively,which compares to$608,000 and$916,875 for 2015. The increase of the Transfer expenditure for 2016 over the Adopted 2015 Budgeted expenditure is 6.27%. This $95,600 increase includes $12,000 for debt transfers and $83,600 increases for capital outlay expenditures. The 2016 Budget includes $27,000 for expected severance pay. This is Page 7 Page 85 of 200 funded by the Fund Balance as the City sets aside funds annually to assist in this funding. See the following Summary of Budgets. SUMMARY OF 2013-2016 BUDGETS 2016.2015 PROPOSED INCREASE 2013 2014 2015 2016 (DECREASE) % OPERATIONS BUDGET $ 3,581,958 $ 3,833,936 $ 3,877,124 $ 4,001,085 $ 123,961 3.20% CAPITAL TRANSFERS $ 763,460 $ 784,873 $ 916,875 $ 1,000,475 $ 83,600 9.12% DEBTTRANSFERS $ 548,000 $ 559,000 $ 608,000 $ 620,000 $ 1 :`r; 1.97% TOTAL CURRENT EXPENDITURE BUDGET $ 4,893,418 $ 5,177,809 $ 5,401,999 $ 5,621,560 $ 219,561 4.06% SEVERENCE PAY-COMP ABSENSES RESERVE 27,OOD $ 2; N/A TOTALBUDGET $ 4,893,418 $ 5,177,809 $ 5,401,999 $ 5,648,560 $ 246,561 4.56% A summary of the General Fund Expenditures by category is a follows: 2013 2014 2015 2016 2015/2016 Expenditure Category Actual Actual BWget Budget % Ch General Government $ 1,279,394 $ 1,243,464 $ 1,423,683 $ 1,417,132 -0.46% Public Safety 1,437,141 1,534,878 1,665,348 1,752,991 5.26% Public Worlcs 408,635 370,128 413,275 464,571 12.41% Parks 135,756 149,775 171,168 183,241 7.05% Sanitation 198,045 197,802 203,650 210,150 3.19% General Operations $ 3,458,971 $ 3,496,047 $ 3,877,124 $ 4,028,085 3.89% Transfers-Capital 784,160 784,873 916,875 1,000,475 9.12% Transfers-SCRC 536,000 - - 000% Transfers-Debt 548,000 559,000 608,000 620,000 1.97% Total Transfers 1,868,160 1,343,873 1,524,875 1,620,475 6.27% Total Expenditures $ 5,327,131 $ 4,839,920 $ 5,401,999 $ 5,648,560 4.56% The General Fund Operations Expenditures are distributed as follows. (This is reflective of operations only and does not include the transfers to other funds.) Page 8 Page 86 of 200 2013 2014 2015 2016 Expenditure Category Actual Actual Budget Budget General Government 36.99% 35.57% 36.72% 35.18% Public Safety 41.55% 43.90% 42.95% 43.52% Public Works 11.81% 10.59% 10.66% 11.53% Parks 3.92% 4.28% 4.41% 4.55% Sanitation 5.73% 5.66% 5.25% 5.22% General Operations 100.00% 100.00% 100.00% 100.00% The chart below indicates where the City will incur its expenditures in the 2016 budget year. For a list of department expenditures see Exhibit A-2016 General land Expenditure Budget Summary. 2016 Operation Expenditure Distribution Sanitation,5% Parks,5%� Government, Public Works, General 12% 35% Genera!Government Public Safety Public Works Li Parks Public Safety, 11--lill Sanitation 44% Tax Levies, Tax Capacity and Local Tax Rate Tax Levies The proposed payable 2016 levy for the City of Oak Park Heights that was submitted to Washington County for the TNT parcel specific notices was $5,191,593. This included the total amount for the general obligation debt levies of$620,000. Beginning in 2012 the City included the total Special Debt Levy in the General Tax Levy as a planning strategy should levy limits be implemented by the state. This would allow the City to build its tax base from which levy limits are calculated on. Prior to 2012, the City would levy the debt for the G.O Page 9 Page 87 of 200 Bonds of 2008 as a Special Debt Levy. The G.O. Bonds of 2009 has always been included in the General Tax Levy. The comparison levy for 2015 and 2016 is as follows: 2015 2016 Increase General Fund $4,414,731 $4,571,593 $ 156,862 Debt Levy added to Gen Fund 608,000 620,000 12,000 Total General Fund Levy $5,022,731 $5,191,593 $ 168,862 A Summary of the proposed increase of the levy for 2016 is made up of the following changes: SUMMARY OF CHANGES TO LEVY/BUDGET REVENUES LEVY IMPACT INC GENERAL REVENUES $ (15,852) INC LICENSES/PERMITS(BLG) $ (34,847) $ (50,699) EXPENDITURES PERSONAL SERVICES SALARIES $ (24,148) HEALTH INSURANCE $ 14,908 CONTRACTUAL POPULATION SURVEY $ 11,000 SNOW PLOWING $ 50,000 PAINTING TRAFFIC SIGNALS $ 20,000 INC MOWING-PATHWAYS $ 10,000 OTHER $ 30,550 SUPPLIES $ 1,900 INSURANCE GENERAL AND WORKMANS COMP $ 4,077 OTHER $ 5,674 TRANSFERS STREET/STORM $ 13,100 CAPITAL OUTLAY $ 70,500 DEBT $ 12,000 $ 219,561 TOTAL LEVY INCREASE $ 168,862 More detail of the changes can be obtained from Exhibit B-Summary of Changes to Tax Levy as Compared to 2015. Pae 10 Pae 88 of 200 Tax Cava The City's estimated 2016 tax capacity value is$8,614,478. This represents a 2.5%increase in tax capacity value over the 2015 value of$8,405,616. This value is used to calculate property taxes for individual properties. The total tax levy is distributed over the total tax capacity of all the properties. Tax capacity value is market value, adjusted for the Market Value Homestead Exclusion, times the class rates. Class rates are established by the State of Minnesota and have not changed since 2002. The current class rates for residential property is 1% of taxable market value for the first $500,000 of value and then 1.25% on the remaining value of the property— Example of a $250,000 home's tax capacity value calculation is as follows: Market Value Market Vaiue Exclusion Cairula+ion Ma rkeAfter MVHE Market Value of Residential Home $ 250,000 $ 250,000 Exclusion of the first$76,000x40% $ (76,000) $ (30,400) Add Back Remaining at 9% $ 174,000 $ 15,660 Taxable Market Value $ 235,260 TaxCapacity-Calculation Class Rate 1% Firs t$500,000 of Value $ 2,353 CI a s s Ra to 1.25% n$500,000 Tota I Tax Ca pa city $ 2,353 The current class rates for commercial property is 1.5%of market value for the first$150,000 of taxable market value and then 2% on the remaining value of the property—Example of a $250,000 and a$600,000 commercial business tax capacity is calculated below. Mkt Value Tax C4p Mkt Value Tax Ca Commercial Property Mkt Value $250,000 $600,000 1.5%of first$150,000 L159,000 $2,250 (150,000) $2,250 Balance at 2% 100,000 2,000 450,000 9,000 Total Talc Capacity $4,000 $11,250 For 2012 the State repealed the Market Value Homestead Credit Program (MVHC) and created a new Market Value Homestead Exclusion for qualifying homes. In place of the MVHC,the homeowners receive an exclusion of a portion of the market value of their house from the property taxes. The exclusion is computed in a manner similar to the market value homestead credit.(40% of the first $76,000: $30,400-(EMV-$76,000)X .0009; Maximum EMV $413,800) The impact of this change varies in each community. This calculation reduces the total tax capacity of the city, reducing the total that is available to allocate taxes on,therefore generally increasing individual tax bills. The median market value for residential property is estimated to have increase by 9% for 2016 as compared to 2015. This increase has a minimal impact on the tax capacity for Page 11 Page 89 of 200 Residential Property in 2016. In addition Commercial Property and Public Utility values remained unchanged from 2015. The changes in market values over the last couple years has shifted the tax burden toward residential properties. The 2015 shift of values for residential properties increased the taxes between 7-18%in 2015. Commercial Properties taxes decreased an average of 4.5-17% during that year. The shift in values continue to raise taxes on residential properties. The graph reflects the shift of the tax burden from commercial properties to residential properties for 2013-2016. Residential properties paid 26.44% of the tax Ievy in 2013 as verses 32.18%in 2016. PROPERTY TYPES SHARE OF TAX LEVY BY YEARS 2013-2015 W J Q 40.00% 35.00% 1, U 30.00% X 25.00% Q I 20.00% O 15.00% LL 10.00% O y'' PUBLIC UTILITY Z 5.00% COMMERCIAL U 0.00% RESIDENTIAL LU 2013 2014 OTHER TAX YEARS 2015 2016 2013 2014 2015 2016 OTHER 0.93% 0.94% 0.84% 0.82% RESIDENTIAL 26.44% 27.63% 30.36% 32.18% COMMERCIAL 34.08% 33.38% 30.41% 29.62% PUBLIC UTILITY 38.55% 38.05% 38.39% 37.39% OTHER RESIDENTIAL COMMERCIAL PUBLIC UTILITY Pre f 200 Local Tax Rate The City's Tax Rate for the general levy for 2016 is estimated to be 57.705%per$1,000 of tax capacity value. This represents an increase of 1.6% from 2015 rates of 56.804%. The Tax Rate is applied to the tax capacity value of the property to calculate the property taxes due. An increase in tax rate would mean an increase in taxes if the tax capacity value of the property remained the same from one year to the next. With the proposed General Fund budget of$5,648,560 supported by a tax levy totaling $5,191,593 -residential properties in the City will see an average 2.2 %increase in their city taxes. The increase is a result of the increase in the market value and increase in levy. See the following comparison of taxes for a Median Value Oak Park Heights Residence. This variation is also due to the unique total tax capacity of the city that is shared by residential, commercial and public utility on approximately 1/3 basis for each. The result of this shared capacity for residential property means that 68%of the tax burden is shared by the commercial property along with the public utility,Xcel Energy. As the values change for Commercial property along with the Fiscal Disparity Tax, and changes to the public utility values,residential taxes will vary as seen in the worksheet above. COMPARISON OF RESIDENTIAL TAXES 2011-2015 2013 2014 2015 2016 MEDIAN VALUE PER COUNTY $165,400 $167,200 $195,441 $205,800 INC(DEC) IN MKTVALUE(PER COUNTY) -11.40% 1.10% 17.80% 0.50% TAX CAPACITY $7,897,288 $7,667,355 $8,405,616 $8,614,478 TAX RATE 54.898 59.641 56.804 57.705 CALCULATED TAXES $785.29 $864.84 $1,062.70 $1,086.10 Paa 13 Pae 91 of 200 Utility Funds Revenues and Expenditures WATER UTILITY Operating expenditures in the Water Utility Fund are anticipated to increase by 2.50% for the year 2016. The rates are sufficient to fund the financial changes in the Water Fund. The Sewer Utility Fund expenditures are anticipated to increase 7.34% for the year 2016. Charges from Metropolitan Council Environmental Services increased $45,654 or 11%. The increase in Met Council charges cannot be absorbed in the present rate structure and utility rates were increased in 2016 on the average of 4-6%. The Storm Sewer Utility Fund revenues will remain the same for 2016, while expenditures are expected to increase by$15,700 or 23.3%. Added costs are for engineering and expenses regarding the MS4 storm water study. There is no proposed change to rates for 2016. Utility Funds Revenues Summary 2015 2016 %Increase Budget Budget ecrease Water Utility Fund $770,880 $757,000 (1.80)% Sewer Utility Fund $851,000 $900,000 5.75% Storm Sewer Utility Fund $ 84,110 82,560 (1.84)% Totals $1,705,990 $1,704,560 (.08) % Utilijy Fund Expenditures Summ 2015 2016 %Increase Bu— dBudget Decrease Water Utility Fund $718,099 $ 736,063 2.5% Sewer Utility Fund $838,478 $ 900,026 7.34% Storm Sewer Utility Fund S 67,412 S 83,117 23.3% Totals $1,623,989 $1,719,206 5.86% Page I4 Page 92 of 200 Debt Service Funds As of December 31, 2015 the City will have outstanding debt, including interest, in the amount of$15,973,863 for the following bond issues: G.O. Capital Improvement Bonds of 2008 $5,298,000 G.O. Capital Improvement Bonds of 2009 $ 592,202 G.O. CIP Refunding Bonds of 2012 $6,008,411 G.Q. Capital Improvement Bonds of 2014 $4,075,250 Will be paid off in 2016 with Advance Refunding Bonds of 2012. The G.O. Capital Improvement Bonds of 2008 were issued in 2008 to provide financing for the construction of the City Hall. This bond is scheduled to be repaid by a General Obligation Debt Levy. The bonds were scheduled to retire in 2028. The city sold Advance Refunding Crossover Bonds to prepay the bonds in 2016. This reduced the future scheduled tax levies for debt by$495,000. The G.O. Capital Improvement Bonds of 2009 were issued in 2009 to provide additional financing for the construction of the City Hall. This bond is scheduled to be repaid by a General Obligation Debt Levy. The bonds are scheduled to retire in 2019. During 2014 the City issued$3,775,000 General Obligation Bonds for the 2014/2015 Street Reconstruction projects. This bond is scheduled to be repaid by General Obligation Debt Levy, Special Assessments, and a transfer from the Water Utility Fund. The bonds will be paid until 2025. Budgeted Projects Fund The Budgeted Projects Fund was established to fund capital purchases for public works, police, administration, etc. The revenues received in this fund are transfers in from the General Fund and the Utility Funds. Revenue received for tree replacement and occasionally revenue received as donations are also deposited in this fund. For the year 2016 the City has budgeted transfers from the General Fund Budget in the amount of$549,775 and transfers in from the Utility Fund in the amount of$149,567. The anticipated expenditures for 2016 are$411,000 for sealcoat/crack seal, park and trail improvements and maintenance, tree planting, computers and software. Page I5 Page 93 of 200 EXHIBIT A 2026 GENERAL FUND EXPENDITURE BUDGET SUMMARY 2014 2015 2016 INCREASE ACTUAL BUDGET PROPOSED (DECREASE) % GENERAL GOVERNMENT GENERAL MANAGEMENT&BUILDING $159,501 $176,260 $191,160 $14,900 8.45% increase MAYOR&COUNCIL $87,249 $103,055 $119,002 $15,947 15.47% increase LEGAL $26,496 $30,000 $30,000 $0 0.00% increase ELECTIONS $5,979 $1,300 $11,100 $9,800 753.85% increase CITY ADMINISTRATOR $263,679 $281,735 $288,123 $6,388 2.27% increase PLANNING&ZONING $24,600 $32,000 $32,000 $0 0.00% Increase FINANCE $207,504 $277,308 $198,620 ($78,688) -28.38% decrease COMPUTER $32,736 $44,100 $51,100 $7,000 15.87% Increase AUDIT $26,903 $29,500 $30,500 $1,000 3.39% Increase INSURANCE $355,573 $380,192 $399,177 $18,985 4.99% increase ASSESSING $22,608 $23,500 $23,500 $0 0.00% increase ENGINEERING $17,991 $27,850 $27,850 $0 0.00% increase COUNCIL CONTINGENCY $12,645 $16,883 $15,000 ($1,883) -11.15%decrease PUBLIC SAFETY POLICE $1,217,518 $1,322,576 $1,404,436 $81,860 6.19% increase FIRE PROTECTION $218,720 $230,238 $233,201 $2,963 1.29% increase BUILDING INSPECTIONS $93,656 $107,284 $110,104 $2,820 2.63% increase CIVIL DEFENSE $3,589 $3,600 $3,600 $0 0.00% increase ANIMAL CONTROL $1,395 $1,650 $1,650 $0 0.00% increase PUBLIC WORKS PUBLIC WORKS-STREET MAINTENANCE $65,427 $81,375 $100,421 $19,046 23.41% increase PUBLIC WORKS-SNOW REMOVAL $194,512 $202,000 $252,000 $50,000 24.75% increase PUBLIC WORKS-STREET LIGHTING $61,577 $76,000 $72,000 ($4,000) -5.26% decrease ARBORIST $13,990 $18,900 $5,150 ($13,750) -72.75% decrease SANITATION&WASTE $197,802 $203,650 $210,150 $6,500 3.19% Increase TREE REMOVAL $34,622 $35,000 $35,000 $0 0.00% increase PARKS AND RECREATION PARKS $149,775 $171,168 $183,241 $12,073 7.05% Increase OTHER EXPENDITURES TRANSFERS OUT $1,343,873 $1,524,875 $1,620,475 $95,600 6.27% increase TOTAL GENERAL FUND EXPENDITURE $4,839,920 $5,401,999 $5,648,560 $246,561 4.56%increase Page 94 of 200 EXHIBIT B SUMMARY OF CHANGES TO TAX LEVY AS COMPARED TO 2015 SUMMARY OF 2016 LEVY INCREASE/DECREASE AS COMPARED TO 2015 2016 2015 FINAL PRELIMINARY INCREASE BUDGET TAX LEVY TAX LEVY OVER 2015 OPERATIONS $ 4,414,731 $ 4,571,593 $ 156,862 DEBT SERVICE $ 608,000 $ 620,000 $ 12,000 TOTAL TAX LEVY $ 5,022,731 $ 5,191,593 $ 168,862 SUMMARY OF CHANGES TO LEVY/BUDGET REVENUES CHANGES IN REVENUE INC GENERAL REVENUES $ (15,852) INC LICENSES/PERMITS(BLG) (34,847) $ (50,699) EXPENDITURES CHANGES IN EXPENDITURES PERSONAL SERVICES SALARIES CONTRACTUAL $ 57,080 REDUCED STAFF (75,955) REDUCTION-ARBORIST (13,750) ELECTION SALARIES 9,000 PART-TIME SALARIES 11000 BENEFITS(FICA/PERA) (1,523) HEALTH INSURANCE 14,908 CONTRACTUAL PROFESSIONAL-LEGAL/ENG/PLAN 6,237 POPULATION SURVEY 11,000 SANITATION SERVICES 7,000 MAINTENANCE 4,350 COMPUTER CONTRACTUAL 7,000 SNOW PLOWING 50,000 FIRE CONTRACT 5,963 PAINTING TRAFFIC SIGNALS 20,000 INC MOWING-PATHWAYS 10,000 SUPPLIES 1,900 INSURANCE GENERAL INSURANCE 1,400 WORKMAN'S COMP 2,677 OTHER OPH PROMOTIONAL EXPENSE 5,000 OTHER MISCELLANEOUS 674 TRANSFERS FOR CAPITAL PURCHASES STREET/STORM 13,100 CAPITAL OUTLAY 70,500 DEBT 12,000 TOTAL 2016 BUDGET INCREASE $ 219,561 TOTAL INCREASE $ 168,862 Page 95 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 96 of 200 Oak Park Heights Request for Council Action Meeting Date December 8t' 2015 Time Required: 5 Minutes Agenda Item Title: MAACO Conditional Use—5956 0 iod Avenue Conditional Use Permit Review Agenda Placement New Business Originating Departrnent/Reques -= E ' ohnso Ci Administrator Requester's Signature Action Requested iscuss' Possible Action Background/Justification(Please indicate if any previous action has been take„or if other public bodies have advised): Please see the attached from city Planner Scott Richards: 1- Planning Report dated November 0,2015 I Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 97 of 200 3601 Thurston Avenue N,Suite 100 Anoka. MN 66303 ENMCGUM -s2 Phone: 763.231.8840 Facsimile: 763.427.0620 TPCTPC@ManningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: November 4, 2015 RE: Oak Park Heights— MAACO Conditional Use—5956 Osgood Avenue- Conditional Use Permit Review TPC FILE: 236.02— 15.07 BACKGROUND Richard Reeves has made application for a Conditional Use Permit (CUP) to allow for open and outside storage of vehicles for a MAACO retail sales office at the Stillwater Crossing, located at 5956 Osgood Avenue North. The request will allow cars to be stored in the parking lot of the Stillwater Crossings or shUi periods of time before they are to be taken to the MARCO facility in Little Canada. The site is zoned B-2, General Business District in which open and outdoor storage as an accessory use is a conditional use. The retail and office use will be contained in the building but cars will be stored outdoors as part of the business. The request does not require Site Plan and Design Guideline review in that nothing will be altered on the outside of the building except for signage. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Suite Pian (AB-9040) Exhibit 3: Retail/Showroom Pian (1.0) Exhibit 4: Picture of Office Layout Exhibit 5: Air Photo of Site Exhibit 6: Survey of Stillwater Crossings Exhibit 7: Elevation of Stillwater Crossings Exhibit 8: Sign Plan Exhibit 9: Photos of Site Page 98 of 200 PROJECT DESCRIPTION The proposed use is to occupy 944 square feet of the Stillwater Crossings building. There will be three parking stalls designated for MAACO's use in the parking lot. There will be no exterior modifications to the site or the building as a result of this request. The Applicant has provided a narrative explaining the nature of the business as follows: MAACO of Little Canada would like to use the space at 5956 Osgood Avenue North as a sales office for the purpose of writing estimates, and the pickup and drop-off of vehicles for repair. There will be no tools onsite so there can be no repair of any kind at this location. All vehicles dropped off at 5956 Osgood would then be shuttled to our repair facility at 3245 Country Drive in Little Canada where the actual repair would be performed. Once a car is dropped off the car will be either towed by a tow truck or a two wheeled dolly on that day. We may also use persons contracted by us to drive the vehicles to and from our shop. These vehicles would require only minor body repairs. Any cars which would require major repairs would be towed directly to the Little Canada shop. i can envision scenarios where a car may be parked ovemight f. The customer drops a vehicle after hours. 2. The customer is not able to pick up the vehide the day that the repairs are complete. In either case the car could be parked in one of three parking stalls designated for Maaco's use. Initially the office will be staffed by one person. Another person would be there only during a training period after which the staffing would again drop to one person. ISSUES ANALYSIS Comprehensive Pian. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for a retail sales office and temporary storage of vehicles in the parking lot is a consistent with the Comprehensive Plan. Zoning Ordinance. The property is zoned B-2, General Business District in which the retail sales office is a permitted use. The open and outdoor storage as an accessory use is a Conditional Use. The proposed business will be consistent with the B-2 District. The criteria found in Section 401.03.A.7 and 401.30.E of the Zoning Ordinance must be considered when reviewing a request for this type of business in this District. 2 Page 99 of 200 Conditional Use Permit. The Planning Commission should consider the following issues and impacts of the proposed project in making Its recommendation. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and uffi es, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The short term outdoor storage of the cars should not create an issue for the shopping center tenants or create any visual issues at this busy intersection. There should be no significant environmental issues with this request. Traffic generation will be minor with one or two employees. The Building Management will need to determine where the designated parking spots will be for MAACO and an appropriate loading zone. City Staff sees no issues with the business as currently proposed. Additionally, the criteria found in Section 401.30.E of the B-3 District should be considered: a. The area is fenced and screened from view of neighboring residential uses or is abutting a residential district in compliance with Section 401.15.E of this Ordinance. Comment: The area is commercial with no nearby residential uses or a residential district. b. Storage is screened from view from a public right-of-way in compliance with Section 401.15.E of this Ordinance. Comment: The storage will consist of automobiles that are located in a parking row of other automobiles. There should be no need for screening. C. Storage area is grassed or surfaced to control dust 3 Page 100 of 200 Comment: The storage area is on a paved parking lot. d. All lighting is hooded and so directed that the light source shall not be visible from the public right-of way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: The lighting for this shopping center has already been retrofitted to comply with City standards. e. The provisions of Section 401.03.A.7 of this Ordinance are oonsidered and satisfactorily met. Comment: The provisions have been reviewed above. Parking. Section 401.15.F.9 of the Zoning Ordinance requires six spaces per each 1,000 square feet of gross floor area for a shopping center. The parking calculation for this site is as follows: Suite 9000 and 9010—2,548 sq ft x .9 =2,2931167 = 14 Suite 9020—2,579 sq ft x .9 =2,321 1167 = 14 Suite 9040—944 sq ft x .9 = 8491167 = 4 Suite 9050—4,078 sq ft x .9 = 3,6701167 = 22 Suite 9100—3,325 sq ft x .9 =2,9921167 = 18 Suite 9120 —973 sq ft x .9 = 8761167 = 5 Total 77 Stalls The building requires 77 parking stalls. Suite 9040 will be occupied by MARCO and will require four parking spaces. The shopping center currently has 94 parking spaces four of which are disability accessible. The Building Management shall designate three parking spaces for their MAACO's use. Considering there is a surplus of parking available, there should not be an issue with the designated spaces. Car Storage and Loading area. The three designated spaces are to be determined by the Building Management, but will likely be directly across from the MARCO space in the row of parking adjacent to Osgood Avenue. City Staff discussed a loading area for those vehicles that will be towed or transported on a two wheel dolly. The Building Management shall determine the appropriate area for this to occur. Behind the building may be best in that there is little traffic or cars that are parked in that area. Trash Enclosure. Currently, the dumpsters for the building are placed on the west side of the building and are not screened. The building manager has indicated that they would be willing to screen the dumpsters. A plan for screening the dumpsters shall be required for approval by City Staff. 4 Page 101 of 200 Grading/Drainage/Utilities. There are no exterior changes that require revisions to grading, drainage or utilities. Lighting Plans. There are no changes to exterior lighting. The lighting has been retrofitted in the past to meet City requirements Landscaping. There are no changes proposed to the existing landscape. Mechanical Screening. No changes are proposed to the exterior mechanical equipment. Signage. A plan has been provided for the exterior sign that will be placed above the door to the business. The sign appears to comply with the sign standards. Any signage proposed for the development shall require a sign permit and shall be compliant with the Zoning Ordinance and Design Standards. Bike Rack. It appears as there is no bike rack for this shopping center. A bike rack shall be installed in a convenient and visible location. CONCLUSION I RECOMMENDATION Upon review of the request for a Conditional Use Permit to allow for open and outside storage of vehicles for a MAACO retail sales office at the Stillwater Crossing, located at 5956 Osgood Avenue North. City Staff` would recommend the project with the conditions as follows: 1. There shall be no repair or maintenance of vehicles on site. 2. The Building Management shall designate the location of the three stalls that will be reserved for MAACO's use and determine the loading area where cars will be towed from. 3. Vehicles shall be permitted to be stored for no more than 48 hours on site. 4. A plan and timeline for screening the dumpsters shall be required for approval by City Staff. 5. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the Zoning Ordinance. 6. A bike rack shall be installed in a convenient and visible location. c: Julie Hultman 5 Page 102 of 200 r EXHUNT Julie Hultman CBO Planning and Code Enforcement City of Oak Park Heights MN 55082 Richard Reeves Maaco 3245 Country Dr Little Canada MN TO WHOM IT MAY CONCERN MAACO of Little Canada would like to use the space at 5956 Osgood Ave North as a sales office for the purpose of writing estimates, and the pickup and drop off of vehicles for repair. There will be no tools onsite so there can be no repair of any kind at this location. All vehicles dropped off at 5956 Osgood would then be shuttled to our repair facility at 3245 Country Drive in Little Canada where the actual repair would be performed. Once a car is dropped off the car will be either towed by a tow truck or a two wheeled dolly on that day. We may also use persons contracted by us to drive the vehicles to and from our shop. These vehicles would require only minor body repairs. Any cars which would require major repairs would be towed directly to the Little Canada shop. 3245 Country Drive•Little Canada,MN 55117 •651.484.8421 •fax 651.484.1653 Page 103 of 200 ` IER/ S BOL7 I can envision scenarios where a car may be parked overnight. 1. The customer drops off a vehicle after hours 2. The customer is not able to pick up the vehicle the day that the repairs are complete. In either case the car could be parked in one of the three parking stalls designated for Maaco's use. Initially the office will be staffed by one person. Another person would be there only during a training period after which the staffing would again drop to one person. I hope that this letter answers any questions that you may have. Please feel free to contact me at 612-986-7498 if you need further information Richard Reeves Maaco 3245 Country Drive Little Canada MN 55117 3245 Country Drive+Little Canada,MN 55117 •851.484.8421 •fax 651.484.1653 Page 104 of 200 NELSON CUSHMAN& N owrH MARQ 16WAKEFIELDo J CV E(HIBn 2 o Client: Stillwoter Crossings–_ 5950 Osgood Rd. Oak Pork Heights, MN 55082 Scale: 1/B" = V-0" Sheet Ne.: Project: –As–Built Plan – Suite 9040 (944 IRS f)_..� .__ Oaf�e: --- 08/°18/L--AB-9040 5 ~- Proj. No.: 06.02977,00 —— Drawn Ov: CMD _ A� ���'� A..........o_..u. O..:s., IIAA ■�:.....,......::.. ���:ee�n� n:.......�C1�lti ool't 4h14 r.,.. r a[riraas�:xa # �szyLevs irv�l $3A�t1-tILZW i � � � O OJVVIN EXHIBIT 3 i I ? 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A cl 711 0 w � 1 y a�4F4 IA L o i d i i s ° •r. a ._ p� "VS, MINIM I , G w M4 4 SIr moo: 211bY r 5 � � F� a I I � 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 MAACO FOR A CONDITIONAL USE PERMIT TO ALLOW FOR OPEN AND OUTDOOR STORAGE OF VEHICLES FOR A MARCO RETAIL SALES OFFICE AT THE STILLWATER CROSSING, 5956 OSGOOD AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from MAACO for a Conditional Use Permit to allow for open and outdoor storage of vehicles for a MAACO retail sales office at the Stillwater Crossing, 5956 Osgood Avenue North, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE 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 Applicant proposes to allow cars to be stored in the parking lot of the Stillwater Crossing shopping center for short periods of time before they are taken to the MARCO repair facility in Little Canada; and 4. The property is zoned B-2 General Business District in which the MAACO office is a permitted use. The temporary open and outside storage of vehicles is a conditional use; and 5. Design Guideline/Site Plan approval is not required in that there will be no exterior improvements except for the addition of signage; and 6. City staff prepared a planning report dated November 4,2015 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and Page 117 of 200 8. The Planning Commission held a public hearing at their November 12, 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 MAACO for a Conditional Use Permit to allow for open and outdoor storage of vehicles for a MAACO retail sales office at the Stillwater Crossing, 5956 Osgood Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. There shall be no repair or maintenance of vehicles on site. 2. The Building Management shall designate the location of the three stalls that will be reserved for MAACO's use and determine the loading area where cars will be towed from. 3. Vehicles shall be permitted to be stored for no more than 48 hours on site. 4. A plan and timeline for screening the dumpsters shall be required for approval by City Staff. 5. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the Zoning Ordinance. 6. A bike rack shall be installed in a convenient and visible location. 7. Signage shall be installed for the three varking stalls specifying hours of use for MAACO. Recommended by the Planning Commission of the City of Oak Park Heights this 12th day of November,2015. Jim Kremer,Chair ATTEST: Eric A. Johnson, City Administrator 2 Page 118 of 200 ATTACHMENT A r i! Qimwt7;. Conditional Use Permit For Open & Outside Vehicle Storage Related To A NL4,ACO Retail Sales Office Located at 5956 Osgood Ave. N. Within the Stillwater Crossings Retail Center Washington County GEO Code&Legal Description: Property Identification Number: 04.029.20.12.0024 Legal Description: Lot 7-9, St. Croix Mall PUD 2nd Addition Page 119 of 200 ATTACHMENT B c= P1:it r-anditinnal 111ce permit For Open& Outside Vehicle Storage Related To A MAACO Retail Sales Office Located at 5956 Osgood Ave.N. Within the Stillwater Crossings Retail Center Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Meeting With City Staff Upon Application Submittal: September 16, 2015 Planning Commission Public Hearing& Recommendation: November 12, 2015 Required Approvals: City Council Majority Vote Conditional Use Permit -Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 120 of 200 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 MAACO FOR A CONDITIONAL USE PERMIT TO ALLOW FOR OPEN AND OUTDOOR STORAGE OF VEHICLES FOR A MAACO RETAIL SALES OFFICE AT THE STILLWATER CROSSING, 5956 OSGOOD AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from MAACO for a Conditional Use Permit to allow for open and outdoor storage of vehicles for a MAACO retail sales office at the Stillwater Crossing, 5956 Osgood Avenue North, 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 Applicant proposes to allow cars to be stored in the parking lot of the Stillwater Crossing shopping center for short periods of time before they are taken to the MAACO repair facility in Little Canada; and 4. The property is zoned B-2 General Business District in which the MAACO office is a permitted use. The temporary open and outside storage of vehicles is a conditional use; and 5. Design Guideline/Site Plan approval is not required in that there will be no exterior improvements except for the addition of signage; and 6. City staff prepared a planning report dated November 4, 2015 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and Page 121 of 200 8. The Planning Commission held a public hearing at their November 12,2015 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from MAACO for a Conditional Use Permit to allow for open and outdoor storage of vehicles for a MAACO retail sales office at the Stillwater Crossing, 5956 Osgood Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. There shall be no repair or maintenance of vehicles on site. 2. The Building Management shall designate the location of the three stalls that will be reserved for MAACO's use and determine the loading area where cars will be towed from. 3. Vehicles shall be permitted to be stored for no more than 48 hours on site. 4. A plan and timeline for screening the dumpsters shall be required for approval by City Staff. 5. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the Zoning Ordinance. 6. A bike rack shall be installed in a convenient and visible location. 7. Signage shall be installed for the three parking stalls specifying hours of use for MAACO. 2015. Approved by the City Council of the City of Oak Park Heights this 8th day of December, Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 2 Page 122 of 200 ATTACHMENT A 41 k-;:, - Conditional Use Permit For Open & Outside Vehicle Storage Related To A MAACO Retail Sales Office Located at 5956 Osgood Ave. N. Within the Stillwater Crossings Retail Center Washington County GEO Code&Legal Description: Property Identification Number: 04.029.20.12.0024 Legal Description: Lot 7-9, St. Croix Mall PUD 2nd Addition Page 123 of 200 ATTACHMENT B 4w,A- Conditional Use Permit For Open& Outside Vehicle Storage Related To A MAACO Retail Sales Office Located at 5956 Osgood Ave. N. Within the Stillwater Crossings Retail Center Application Materials • Application Form • Fees • Plan Sets(3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Meeting With City Staff Upon Application Submittal: September 16, 2015 PIanning Commission Public Hearing&Recommendation: November 12, 2015 Required Approvals: City Council Majority Vote Conditional Use Permit -Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 124 of 200 >trrrrrtt?�� �`'ar ii� Oak Park Heights Request for Council Action Meeting Date December 8th 2015 Time Required: 5 Minutes Agenda Item Title: St. Cmix Vallpy Wwtewaternt P —b 163 St. Croix Trail N -Expansion of Existing Vehicle Storage Building—Conditional Use Permit Agenda Placement New Business Originating Department/Reques E - ohnso City Administrator Requester's Signature Ao��� Action Requested Discuss' Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planning Report dated November 4th,2015 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 125 of 200 TPC3601 Thurston Avenue N. Suite 100 ENUOSUR Anoka. MN 66303 Phone: 763.231.5840 Facsimile:7e3.427.0520 TPC@P1anningCo.cam PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: November 4, 2015 RE: Oak Park Heights-St. Croix Valley Wastewater Treatment Plant- 6163 St. Croix Trail North - Expansion of Existing Vehicle Storage Building -Conditional Use Permit FILE NO: 236.02 - 15.08 BACKGROUND Kyle Colvin, of the Metropolitan Council has made application for a Conditional Use Permit (CUP) to allow for an expansion of an existing vehicle storage building at the St. Croix Valley Wastewater Treatment Plant at 6163 St. Croix Trail North. The project will consist of demolition of an 8 foot by 13 foot addition to be replaced by a new 18 foot by 20 foot addition. This will accommodate a larger 6,000 gallon tanker truck. The property is zoned I, Industrial District. The wastewater treatment plant is a permitted use within this district. The property is also in a River Impact District which requires a CUP for exterior changes to the facility. Attached for reference: Exhibit 1: Project Narrative with Pictures Exhibit 2: Site Plan with Proposed Location Exhibit 3: Demolition Plan Exhibit 4: Addition Plan Exhibit 5: Drainage Plan Exhibit 6: Memo from Kyle Colvin - MSCWMO Permit ISSUES ANALYSIS Project Description. The description of the project is found in detail in Exhibit 1 and found as follows: Page 126 of 200 1 • Existing vehicle Storage Building Expansion to accommodate new larger 6,000 gallon tanker truck. Previous building accommodated 4,500 gallon tanker truck. • Project includes demolition of previous 8' x 13' addition (darker shade exterior addition), new concrete floor slab extension, and a new 20'x 18'addition. • New addition exterior to match existing in material and color. • Demolition work to commence either, upon issuance of City permit, or next spring if inclement winter weather sets in. • Contractor. Barton Construction Services. • Cost: $22,650.00. • Estimated construction duration: 2 to 3 weeks. Comprehensive Plan. The Comprehensive Plan designates this area as industrial land use. The use of the property for a waste water treatment plant is recognized as industrial land use consistent with the maps and policies of the plan. Zoning Ordinance. The site is zoned I, Industrial District in which facilities such as the St. Croix Valley Wastewater Treatment Plant are a permitted use. The CUP is required to allow for the construction in the River Impact District. Trees/Screening. No trees are impacted by this expansion. Lighting. As park of the approvals this summer for the upgrades to the aeration systems and outfall piping, the Metropolitan Council agreed to do an inventory of their light fixtures and identify those that are not full cut off. The existing fixtures have been upgraded with shields or replaced with higher efficiency fixtures that are compliant. The Metropolitan Council should identify it any additional fixtures will be added as part of this proposal. Grading and Drainage. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer. Middle St. Croix Watershed Management Organization approvals shall not be required. Department of Natural Resources. The Department of Natural Resources (DNR) has been notified of the request. The City has received no comment from the DNR on this project. Design Guidelines. Architectural Guidelines. The Design Standards indicates the following related to industrial buildings: Building Materials A variety of building materials should be used to provide visual interest Wall materials capable of withstanding vandalism or accidental damage should be chosen. Pole 2 Page 127 of 200 buildings/post frame construction (agricultural buildings) and exposed metal finished buildings are not permitted. Comment: The building materials that will be used for the building expansion are to be consistent with the existing building. The building is not a pole building and will be clad with a painted metal siding that is consistent with the Design GuideiineS_ This structure is not visible from roadways or other uses. The Planning Commission and City Council should comment. Site Design Guidelines Building Placement The proposed building is an extension of an existing building. Parking Areas There is adequate parking on site for this use. Storm water The City Engineer reviewed the drainage plan and had no issues or comments. Pedestrian and Common Space Not applicable. Landscaoina No additional landscaping is proposed. Trees/Shrubs No trees or shrubs are to be removed with the expansion. Utiiites/Service/Loadin /Drive-Throe h/Storage Areas Not applicable. Liahtina The site lighting has already been retrofitted on site to comply with City standards. The Applicant should comment if any additional lighting is to be added to the building. Signage Not applicable. Conditional Use Permit— River Impact District. The upgrades to the vehicle storage building expansion at the wastewater treatment plant are subject to a CUP under the River Impact District. The Planning Commission should consider the issues and impacts of the proposed project in making its recommendation. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 3 Page 128 of 200 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8 The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Due to the location of the improvements in an industrial area, and the fact that the facilities have been in place for a number of years and are now just being expanded, City Staff recognizes no issue with the improvements outlined with this project. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the CUP for an expansion of an existing vehicle storage building at the St. Croix Valley Wastewater Treatment Plant at 6163 St. Croix Trail North in the River Impact District subject to the following conditions: 1. The Metropolitan Council should identify if any additional light fixtures will be added as part of the building expansion. 2. The Planning Commission and City Council should comment on the building materials to be used for the expansion. 3. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. c: Julie Hultman 4 Page 129 of 200 � Metropolitan Council Environmental Services EXHlBlT Vehicle Storage Building Addition, P.O. 15007113 St. Croix Valley Wastewater Treatment Facility 6163 St. Croix Trail, North Oak Park Heights, MN 55082-6937 « Existing vehicle Storage Building Expansion to accommodate new larger 6,000 gallon tanker truck. Previous building accommodated 4,500 gallon tanker truck. • Project includes demolition of previous 8' x 13' addition (darker shade exterior addition), new concrete floor slab extension, and a new 20' x18' addition. • New addition exterior to match existing in material and color. • Demolition work to commence either; upon issuance of City permit, or next spring if inclement winter weather sets in. • Contractor: Barton Construction Services. * Cost: $22,650 • Estimated construction duration: 2 to 3 weeks East Elevation View Page 130 of 200 E v 1. r w I North elevation view Attachments • Development Application (Conditional Use Permit) * Site Plan • Construction Plan Page 131 of 200 SITE KEY PLl1b! I Arnw ttITE PLAN$ "ZPINC P T 1 LAMB 8 111 DIRAININGS /.• aa7eMY4 tma sVR imu sill j N �`I 1 lei a3 E rk ; 11 I a 'i','6o'��`�� C M 3illp",no q e mIS!lie a�s • �I ?� r' 1• �`,�-I-- lid `_ h Q _ e r I r l tri ;r ',�_:. �,• ..i �I�«._:--r I i - , i � AU ,� 11 0 5rin>Ioatn� � YI ��A I j-, y~ I A!te-+L I I b r '� ' it ■� t ' ....� '- �---1-� 17i r"' '' A"��� i 6_ / rx•As til: ��]I ISSt 6 ,err"r I � I M y 1 riel pm 1 g t 2of200 � e b � I s w i �6 ixs.:iu�eq�.rw PWId1'e.M'iu�Cp fM03W�iYTA 19e016 iWGil]XOW MliiM',MPAMNSaYYEvixaV�yuY Page 133 of 200 I IxX Y 15 i T ! � k ki bk b � �• M �IIIIr!I �I i US SNI lI�1 .A � �Y - Page 134 of 200 tq t-- m x x w ti R z Q Pq N r3 ❑ q z LJ o w .o V1C�1 J p4N ._I lJ ❑ W X W X W 3 Q: N LLJ ~ Q � N � W ix Of W7 � `, � f Ir LJ W ❑ A MC+1J L) a L CU Z" Z F W U- Z W Z W 0 w 0. Z O q ❑ CO () m LL Q 1 0 0 a Z m - Z cd 2 W Q z � c~ uiwn a coO O �. W Lu iL sg'_ r X X,__--__� Page 135 of 200 EXHIBIT 6 Julie Hultman From: Colvin, Kyle <kyle.colvin0metc state.mn.us> Sent: Wednesday,October 07,2015 8:32 AM To: Julie Hultman Cc. Eric Johnson; Lindeke, Dennis Subject: MSCWMO Activities Trigger Checklist Attachments: MSCWMO Submittal-qualification-checklist completed2.pdf Categories: In Process Julie, 1 spoke to Mikael Isensee at the Middle St.Croix WMO yesterday regarding the vehicle storage building addition project and any permitting requirements that they may have for the project. Mr. Isensee described the"triggers"that would require a permit and referenced the attached checklist. It appears that the project is small enough,and reflects little to no impacts due to surface grading or increased impervious surface areas,that a permit would not be required for the project. I have attached a copy of the"MSCWMO Qualification checklist"which includes responses to each of the trigger activities.One trigger that Mr. Isensee noted during our telephone conversation was whether the project would result in more than 100 cubic yards of fill. I do not see this trigger on the checklist, but have estimated that the small amount of fill necessary to provide an area level for the building floor slab would be less than 30 cubic yards. Most likely closer to 15 cubic yards. Let me know if you have any questions regarding requirements for a MSCWMO permit. Mr.Isensee indicated that this permit review process is initiated by the City. Sincerely, Kyle Colvin Assistant Manager I Engineering Servioes Kyle.aolvinftetc.state.mn.us P.651.602.1151 1 F.651.602.1083 A11iirTAOIPO�t"t`J1i`i ` 390 North Robert Street I St.Paul,MN 155101 1 metr000uncil.org 1 Page 136 of 200 k yL FI,I1��4• MIDDLE S�. IX WATERSHED MANAGEMENT ORGANIZATION iMl N,1 III.kFi" 455 HAY WARD AVENUt ; t 0AKDALE , MINNESOTA 5 5 1 2B Phone 651 330 4220 x 2 2 fax 651 . 330 . 7747 www mscwmo 0 , r.viar„ �i i� M3ic1VA .) ' M � A4SCWMO PROJECT REVIEW PROCESS_REVIEW QUALIFICATION 1.rx This document is for guidance. Applicants should consult the MSCWMO Watershed Management Plan (WMP) for specific requirements. Each member community will refer projects to the MS.'WMO for full review when deemed necessary based on the activities listed below. Each member community will adopt the MSCWMO review comments into the member community comments for each project. PROJECT NATME: MMES Vehicle Storage Build,St.Croix Valley Wastewater Treatment Plant THE FOLLOWING ACTIVITIES TRIGGER THE MSCWMO REVIEW PROCESS: ❑ Any project undertaking grading, filling, or other land alteration activities that involve movement of earth or removal of vegetation on greater than 10,000 square ;ect of land NA 20'x 18'building addition.Total of 360 square legit addition footprint ❑ All major subdivisions--major subdivisions are defined as subdivisions with 4 or 1.71ore lots NA No lot subdivisions are proposed C Any project wit;1 wetland impacts NA No work it)occur within wetland area, Any proicct with grading within public waters NA No work or grading;to occur within public waters. All work within fenced perimeter of WWTP [❑ property Any project with grading within the wetland buffer as identified in the plan NA No work it)occur within wetland buffer.Additive P1itirely located within existing lawn area. ( Any project with grading within 40-feet of the bluff line NA Addition area is not within 40-feet of any bluff line ❑ Redevelopment on a site of 5 acres or more, where pervious surface is disturbed and final impervious surface, in aggregate, exceeds 1 acre or 5% of a site, that causes a change in runoff characteristics, or removal of vegetation NA Total area of disturbance:21'x 20'= (r.01 acres ❑ Development projects that impact 2 or more of the member communities NA Project located within tit.(aoix 'Dalley WWTP which is entirely located within City of()ak bark l igts Per•forniance Standards in Section 5 of the WMP will apply to development within the Middle St. Croix watershed and focus or,. stormwater management, erosion and sediment control, and wetland protection. The Performance Standards will apply to all projects that trigger the MSCWMO review process. In addition, whenever a project requires a building permit and adds five hundred (500) square feet of additional impervious surface or a project requires a variance from the current local impervious surface zoning requirements for the property, the Perfonnance Standards will apply. Building permits for new construction in an approved maior subdivision that meets the requirements of the Perfonnance Standards are exempt from the water quantity and quality standards as long as the individual property does not exceed impervious surface percentage approved for the givers Marcel in that subdivision. All projects regardless of whether public or private can be reviewed. Middle 5t. Croix Watershed Management Organization Member ComRager1316tQ00 Afton, Bayport. Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beath, Oak Park Heights, St. Mary's Point, Stillwater, 0 West Lakeland 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 CONDITIONAL USE PERMIT REQUEST BY THE METROPOLITAN COUNCIL FOR EXPANSION OF AN EXISTING VEHICLE STORAGE BUILDING AT THE ST. CROIX VALLEY WASTEWATER TREATMENT PLANT AT 6163 ST. CROIX TRAIL NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a Conditional Use Permit request for an expansion of an of an existing vehicle storage building at the St. Croix Valley Wastewater Treatment Plant at 6163 St. Croix Trail North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE 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 I, Industrial District in which wastewater treatment plants are a permitted use. The property is in the River Impact District which requires a Conditional Use Permit for significant exterior changes to the site and plant; and 4. The project will consist of demolition of an 8 foot by 13 foot addition to the existing storage building to be replaced by a new 18 foot by 20 foot addition; and 5. City staff prepared a planning report dated November 4, 2015 reviewing the request; and 6. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their November 12, 2015 meeting,took comments from the applicants and public, closed the public hearing, and made the following recommendation: Page 138 of 200 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 Conditional Use Permit application submitted for an expansion of an existing vehicle storage building at the St. Croix Valley Wastewater Treatment Plant at 6163 St. Croix Trail North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. If any additional light fixtures are to be added as part of the building expansion,they shall be installed compliant with the Zoning Ordinance standards. 2. The Planning Commission was favorable to the building materials to be used for the expansion. 3. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. Recommended by the Planning Commission of the City of Oak Park Heights this 12'h day of November,2015. - r:r'i Kremer, haiu ATTEST: Eric A. Johnson, City Administrator 2 Page 139 of 200 ATTACHMENT A t Conditional Use Permit Metropolitan Council St. Croix Valley Wastewater Treatment Plant Addition To Existing Vehicle Storage Building Located at 6163 St. Croix Trail.N. Washington County GRO Code: 34.030.20.43.0003 34.030.20.43.0013 34.030.20.43.0014 34.030.20.43.0015 Legal Description: See Attached Page 140 of 200 Mote Of AflagitF, jCMAIN sf ImAk ,............... as , rs W_e is<,semft sr wisp, *WA MO INJ !� �R sa819kaE Elk.+eat a�pl�to es'bT�I�vwreas�E1ke esrprs+iets+esi�end e�v�swallosr , aad&W estd yerhsmrtse MW atpwed 04 sem 4e! b71 Of itr 3 4almNebe w am hamsmad of be this tfv �Te4 sf mu. �I, t .IIO eosWr+lleiwe• T oft row Tai.e ftettament we dmftsd by Hsr*3A D. Xiue07.e MY llLtea OW Of the MY CC Mu- xatsr, 200 bet 0heataut 8trcat, 1t.11wter, 14ImesOta M02— This inti Ut Is exempt from State deed tax pursuant to seetion.167.2=2 tlima2ota Statutes. � This instsu ent, which by its totrm is for the bmf it of 14tropalitam Ssswer Bawd, is satitUW to be xeoorded riehaut psymatof 1660sdis4 .1624 passuant to nation 366.77, NLMGaota Stetvtsa. Tax statsmsnts mboutd be not to: II11utr+opslitan'ilhata caaesol Oosmiaaion (foxasxly Metropsiitan Sewer Board) $50 I%tro Squasse MS. St. ftut, 110 55101 , I (?be property is sxmpt from taxation pusammt to subdivision 1(7),-846400 172.02 k1unssota statutes.) _J 17a SY I ILI i . Page 141 of 200 eAtr�rfift ,.. _say d..-_AAdL_;_,,.... JRA_ ' Wsaadrr n .r. -----�rlldfalWiMeK+ae� . 4arlws+Yr■�d3s teas d W dd+ii d�.,. ......•....,..-, 1s44►W�f AAogl...drrerf, - sAsr +n M!<4 Iiiiad pim b 66nWWij,asi(liieii far XtWralsi!�+►M Vis, w!t���+�s arta � �,I�r:.�wiwr and asmJbrtaeati aR/is gwL...;.a►l�ai•�-�l ia+rd tr<+l.�t Oe#b------std•dltaa bf,d►3asarrio.Awrw 46 ANMM a"M eve or I #lest tat$Of LOL nn (5) of SagUeS ft rVp 19W (3k) is tlorilahivi TA , tr4�iiA, of tam Twenty �t was of*A imob Ueridllq Ul�lockw2r.4! on Of bhe GiSpi<as t�p1 or the CAM1 r,tlilM d*@ 604 ft t�enl Ral1r4 Q0� (rOr abnbmd)i dos~ae frs]1aas, io rltt. COWAik lrA'nt * Mi0t os Of north Sins at Weld dram lot�,+WM the sere is sae thr >ar 'ofti veld 1Esiivs!x3 +f ( theaar >avia filar ifai+gi llno o Ofi►rtat a 4Letaaar :�t0 iMti mos Quri(i*E. t t4 t110 NoFth Lar of veld OoirltdLeL O dtryWea!..�3�' ioe_eoQ�.i~5 t��{1��.a#�tb�ie�rt•so 1r•dse� arlbed 44'�iiL s g'tl�.piaa]71�!'-'t0 0�20D`�lefi�s tit ths north �af figs*C Tat .a dlbtaAa of 190.6 foett #basaa >!OdtA op■ lits dtms.s�: bL apQ.��poih�:: .; ue. o;Qar!L�;�a,!-At+twwas� 676.5 Dart to"'�a�'fb�i's`ist�an+ hh a:��e diem *A Sha lrstsa+iy llrs of acr iiddht eR w4i thqu aloes Mid parpre tm 4stw2v 31M of aid smst of VwJ Win s6ep Abe• ' 1pagtlrlr 3fsa o! aaL¢ et Mb a VI- qt$ . tit 4W use b tee ooieR Of,iuttsruidti'i�i *a r#' t3 . .1�eejih Was of G*Vvt,Tat 571 .prim gg. 61044 geld lost daernsd IIIb a=pOe of 1311. r11.t Ib!r ar lisj td d yelp# air beVimd". a sof load too (30) fast ir.,(Adlh,FWA&0 a:lost.of her [i�I of nMX1I Adit"'t4 bak'�'a;l of erased in ON craft of well-RW6iowr. f s 09 �t •' ss betas five (0) 1111141i m-iwoo elks or jr- li aenetsM at s pgiet on fetal sortb LiiM.ox seet.e Aube a rs 1aci�tod ied•:}�� Let set t of red liiWa a dtitippe:bfu�) It 1hs 3ieia t0 bo deaMbad bha3q #hwP+ to a part as the zdst 21"'Ot:tall riot roar (h] aha ea.1a 441 (30) feet 4s the 5boi�Nesb deaiisr set-am tat !herr (A)s An the#Verb of Oa eraspat Jho 11vo (5) tnss,r0" M "Mr fraw�tip MTV tampe riraeti► (i0) ]�laq hetweas bhe fight of rt , L.ft4i ltiaa4ueaale olid 0?Waba 9037 ned*It 0011 a.mw at ttii�. 1A�r gad ft. Feel RoLboy 1 s s �ae $sfawir prral1al to sod i00,inti fi#rne W vertb lase-of sdid'*Aw&at re (S)+ A s of 3gnd"a.itaodlrrd (i00) teat invidth Warr sed Swoop Ownr -.nt�,o� lire (x);Isent= 2ftVt0-rrOw— (311), TvAd 1P WVIW (30) Month, Rsaae-'itird1 w)Mas hates an wne.: eho4se+fsa'f co ay�a llsb0 SMASS rued gists ft ra hesbsed sod wL* a sago, Rt i11 kN b ilk. pleb tbi$r. Zvi Atl�at 41 wMil sad rssarded ;phos ;his um h.n soak�K er O Zvi vaN 39. 111 that vies!#or Oammnmb let Me (5) in dsat9on�-i(�13s �q�'s�sty (30), 'Oeeatr.(>to), as netrWna�v aha at war at.lbs w�sae��iaa at. I=� i4�Aud �Omm +�a 31ii"wins F�4ri13s; to{mad 491" !ret Booth loan tha "ft a rf olid 0r6ernront Let Hiss .5)1 ! A11 tbs3 Fart of aa►er+r4ant Lot sixa (5)• 6sotAon tbirtvi-bw Mh 'lYowWielr ''t (Xf1 Rang stiw+Mt (FO) desew esd as foums Amajuning+a a pout ee the 11 'ft ude'at odd 00.eramat Lot nft (5):dot the name.it 3A11 iLM of the &44bt GC ray of the Cblase,R&Wpa m, at. Poli aid As-b&%Qw Do. (am wsated), #!Nose most a3mg the■w1h use a3 .aid awwmud:let JMVW (5) foe a disbssss of tiro Red. (2m) freta thaaes Sreth et rift SWAM "for NmAb dile at solo 4er+tmeat Lot firs 01 "the metwir 3ira of as st15+t of!oy ac add Retiraed (ear rsertsd)t tha de, NwUrawtor2y s1m&the Wild AO 4i' the ftot of ter of sold Wjrmd (Mer alastad)lava 6wdrad , � a ser"Isle, to um point of bgAnaiat ooatainim 1.11+eras 10 r or 3sea aLis..ir aai at a pqoplaot an the serol Lus rf ;Nd 0pwoment tat fin (5).+ it C Deet a" Im aw Antwom lm of the swu Line or gold darerdam los liar (5) with this sistafly UN OC tri MGM at of amid.b1bood Mer sated), them+ BeutA at t to the Berth kine or on id Cenrdrat fab !Kw ($) Cw a dig"40+at we liprdest (]00) loots those bat an a tins parsllsl is Chs Ranh Tim of raid cowsh - Lot VIVO (53 to ffir ihstory shave ad'Lars ft. ftfgms tbwee wartb=gbaqy sisasi ow do" oflaidTalar 8t,. Claw to 00 lime liar of srid tinrsmm"t,Le!51 Uwmo West slans alar►of 3*rhJT of gold CwerMMt Doti f to 0%foint or a+.ran AV6 aeagnlai M' EIS aura, Page 142 of 200 5. We not AM W*01b tie*=It, rojdAw am au as its and a�p�i eei tJrera- uKb k*m#q or is aftmgW apporisW4 b Ad mid park of eha amd pwi,ik mimmom and Ou4m, • j • sit 9w(mv mt xu mu *e P&* lw. o am ..ARA no oo PW46 ma b • �f ti .3 i dap acrd rw AW*Am uWMaL „ . ...N.n zia_ Page 143 of 200 oatk- Dow CRV�la5q �'•M ... WTA% { gIr� Uai ra Winter ►!s alri1MarIO � i }��l o Mas faints Olve ft. AA 11 oltio M& Ye p + + we �E' �e �� �► urarrrlal.� -0. bok�tt�F w w ll a r ki 'moth• •tai. scat ptbpirl ll� l�Yfart Mt$`r l F i:k a9�aat as• Lslsa�ni - �tl�-t��! 11oKRM':Mki�i-i11N11� � ��iii*E�F��o�1i�Yr tdoifaa aa>r'ir, pf0'tdr►!' l4rlioi .et�,l e:anf � - liii� i�eaai<11i� fi ..taras.-ot ON aoitL l t�o�titittalaiig 38�hi►; a Nlat., * the,",. WI tariagi .�t'hwsiwr �lli'-1�itl, . 11M��, a d►atii� � 10i4�at � alorrly K pe�a lit ie aaidt r� ■ fel.■ w�ii. � �y, . lgrlo to frit�r 1l► ns �q a,�`sa„iE rlaaoeq sLosq: r �il���sar is r Ol iq.i `M4f i YM#r'�1 M VVOAA 41 1 isll Mgstbw vM ail t*mOl tat pod appartaAm '0- 1Mlaarps► thermt;p, xr..xo Z=v as umm ftu bm fxw n:OR wo go Mon"'IBMU=n cm at lett no umb frgMA go m smf ' no sumaf�tr�fm un"s sardw ante on xm or Mfr rm+ an w o ti vmm~m am=Mon aolrt: P302 Ie a "skeopoliten G*dlnlell ■7 �a siiouwr in.Aw"VRrt tip kbo latr+owiira #war ft=a Page 144 of 200 ATTACHMENT B y� Conditional Use Permit Metropolitan Council St.Croix Valley Wastewater Treatment Plant Upgrades to Aeration Piping&Outfall Piping Located at 6163 St.Croix Trall.N. Application Materials • Application&Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Conference with City Staff upon Application Submittal: April 1,2015 Required Approvals: PUD Amendment City Council Majority Conditional Use Pzrmit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building,structure,addition or alteration,or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 145 of 200 ATTACHMENT B c� Conditional Use Permit Metropolitan Council St. Croix Valley Wastewater Treatment Plant Addition To Existing Vehicle Storage Building Located at 6163 St. Croix Trail.N. Application Materials • AppIication&Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing&Recommendation: November 12, 2015 Required Approvals: PUD Amendment City Council Majority Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 146 of 200 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 CONDITIONAL USE PERMIT REQUEST BY THE METROPOLITAN COUNCIL FOR EXPANSION OF AN EXISTING VEHICLE STORAGE BUILDING AT THE ST. CROIX VALLEY WASTEWATER TREATMENT PLANT AT 6163 ST. CROIX TRAIL NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a Conditional Use Permit request for an expansion of an of an existing vehicle storage building at the St. Croix Valley Wastewater Treatment Plant at 6163 St. Croix Trail North; 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 I, Industrial District in which wastewater treatment plants are a permitted use. The property is in the River Impact District which requires a Conditional Use Permit for significant exterior changes to the site and plant; and 4. The project will consist of demolition of an 8 foot by 13 foot addition to the existing storage building to be replaced by a new 18 foot by 20 foot addition; and 5. City staff prepared a planning report dated November 4, 2015 reviewing the request; and 6. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and Page 147 of 200 7. The Planning Commission held a public hearing at their November 12, 2015 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The Conditional Use Permit application submitted for an expansion of an existing vehicle storage building at the St. Croix Valley Wastewater Treatment Plant at 6163 St. Croix Trail North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. If any additional light fixtures are to be added as part of the building expansion,they shall be installed compliant with the Zoning Ordinance standards. 2. The Planning Commission and City Council were favorable to the building materials to be used for the expansion. 3. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency,if applicable. Approved by the City Council of the City of Oak Park Heights this 8th day of December, 2015. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 2 Page 148 of 200 ATTACHMENT A Y Conditional Use Permit Metropolitan Council St. Croix Valley Wastewater Treatment Plant Addition To Existing Vehicle Storage Building Located at 6163 St.Croix Trail.N. Washington County GEO Code: 34.030.20.43.0003 34.030.20.43.0013 34.030.20.43.0014 34.030.20.43.0015 Legal Description: See Attached Page 149 of 200 On and/M am approwde � - . __.�......._.aee:.... to wd kaAW��r Wnf aa& neo die s:easeR,,........"....Ad any AW 44 an 7e psm*A7j► SEA. Remo=044 a 12 UI NOWW Ali Nana b As /We b4MORO #Md Add AS ar+aL G#Md to ash[&WOMMIA IA at MPOUilei Sf am 00110M+ MMt �yayn�d Mai aa"h6 downexi este dead a"SMW be ir7ie�i�af�mus rw"IV r•l w Mw+�Y..�-�_wr......._......._B ..ra +...-n••.w�.i.n�... _Aga e:;.....ft AAAMW-jw am t+ubuneaf N be GO fiarAdeed,rl MU fir'. - i This iawtemat vas drefted by Baso7.d D. UMS1, City ALbWMW or the Oitty of ftiDo- i v ater, 200 aid Qwstmt cu-cat, 8ti.umter, NIMesots M20 t This 3nstmeent is smopt Eras► Bute dead tax Pursuant to seotion.287.2=, M=s ots atetutss. This instsmsnt, Nbioh by its twun is for the bsaefic of 1telropolitan fiemc 804td, is satitled to be seaasdad witbout pa naot of meordiad iard pnr!urmt to section 586,77, HIMM iota statutes. e Tat statements should be sant to: � e lbtropoliten gusts Comsat Consissioo (fo=nerly metropolitan sever board) i $30 11stre square Bldg. f at. reel, UK 33101 ' (,The psopaxty is aw- U t fine taxation purauant to subdivision IM.-40@tloa 272.02' I 1li�esota statutes.) {. 1 t + T. BY A . Page 150 of 200 Few . t JWI�Lur r��x ..r..AnIdl�.:...,._.. ion... . it�a vadrr au bar w At"of— ••.,^ - - •-�-..�...-. I sMtINhf""ponk eAsaald '� ,rs,hhoueba of Na eras, y At Y fe>irri IAr e�NU inow Norio*~IrieTrii �Gl► tiw i S,vai rri OlwraP r�dd rerhl ill tIFaMlrAoelt lAi s ash Jhraru•,all Nie pDaLs W"--Rf I-&WOE a"ie&#It ux 4.. s... ,_. #�,.,.,._..._..i tRlsM al NI��a.�a►+liat oa/irlaaa Isa�lr' - 'lhet iwt of Lot Tire IS) at awtara rdrir-t o (3b) in ft o,ahiv 'Ibisw&uft`th, er Now Twovo p (pi)woesof lha irorlih VwLdtra 1ArG Sea of the.Tinted► site p the rlot at Cllr Ch+arao,ililleetd. aped-!. - . t�i11q 4raprvQ' (acs rbaeftWdrl 08=11000 Al lo3Yarle to-04m. 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OR b"I1glt"ti taprther wilt atl batiedMoftnto sed a<pp�artesasou in$corlR4 Wrote. w zo sr!iN W►xltm0 940 �Ilta b>itiD #Iii!-a vu a t�'II',dr ! ► ppm MO�tOr` OR Yid lu rm�aeralt tnftlm4m to•Iris no XII p011sfo4�Fo11 NLId • M 0 1►OCOmhoer !m � mrs 0.■ ams R"Oft Mon pm M Illttd "m 4114 on muo M"b Itrvl419! mo err suvo0s: To MAWK conlJtlim tun slim slum Dame *w am OF aw now cm ram rm mD um sRst kn. WERNMU�� rMY WonODMIS" oolfM; ssm R Metrope1dtsn 8oewlpsLes a" gats filch—,�_LJ.r..`_ -- rs •* OAaaaetar La.}atertet tt the Ibtroaalitas savor mord Page 153 of 200 ATTACHMENT B Conditional Use Permit Metropolitan Council St. Croix Valley Wastewater Treatment Plant Addition To Existing Vehicle Storage Building Located at 6163 St. Croix Trail.N. Application Materials • Application&Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing&Recommendation: November 12, 2015 Required Approvals: PUD Amendment City Council Majority Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 154 of 200 *A. Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Title Resolution Approving the 2016 Tax Levy Time Required 1 Minutes Agenda Placement New Business Originating Department/Requestor Finance-BL . Caruso Finance Director Requester's Signature Action Requested Approve Resolution for 2016 Tax Levies Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). The Proposed 2016 Tax Levy is $5,191,593. This represents a 3.36% increase over the 2015 tax levy. The Tax Levy will be Certified as follows: The General Fund Tax Levy -$5,191,593. The General Obligation Debt Levies for 2016 are: 2008 G O Capital Improvement Bonds -$0. ($440,000 Scheduled-paid for by General Fund Levy) 2009 G O Capital Improvement Bonds - $0. ($142,000 Scheduled-paid for by General Fund Levy) 2014 GO Capital Improvement Bonds $0 ( $38,000 Scheduled-paid for by General Fund Levy) A copy of the Resolution for the 2016 General Fund Levy, and the cancellation of the Bonded Indebtedness Levy For General Obligation Capital Improvement Bonds as listed above is attached. I have prepared the resolutions for the 2016 Tax levy based on the present budget. If during the TMT hearing any changes are made by the council, I will change the resolution accordingly. Action Request Adopt Resolution for the 2016 Tax Levy with the Corresponding Budget Resolution and include any changes as directed by council. Page 155 of 200 RESOLUTION 15- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2016 GENERAL FUND LEVY, AND THE CANCELATION OF THE BONDED INDEBTEDNESS LEVY FOR GENERAL OBLIGATION CAPITAL'IMPROVEMENT BONDS OF 2008, GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS OF 2009, AND GENERAL OBLIGATION CAPTIAL IMPROVEMENT BONDS OF 2014 WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calendar year 2016; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed general fund levy as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW,THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights: 1. That the City Administrator is hereby authorized and directed to certify to the Washington County Tax Accounting and Research Department the General Fund levy for the City of Oak Park Heights for calendar year 2015 in the amount of $5,191,593. 2. That the City Administrator Is also authorized and directed to cancel the scheduled tax levy of $440,000 for the General Obligation Capital Improvement Bonds of 2008; $142,000 for the General Obligation Bonds of 2009;and$38,000 of the General Obligation Bonds of 2014. Passed by the City Council for the City of Oak Park Heights this 8th day of December, 2015. Attest: Mary McComber, Mayor Eric A. Johnson Administrator Page 156 of 200 Oak Park Heights Request for Council Action Meeting Date December 8, 2015 Agenda Item Title Resolution AppLoving the 2016 Budget Time Required 1 Minutes Agenda Placement New Business Originating Departrment/Requestor Finance-Bgtty Caruso Finance Director Requester's Signature Action Requested Approve Resolution for 2016 Budget Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). Total General Fund Budget as Proposed is $5,648,560. 2016 General Fund Budgeted Expenditures increased by$246,561 or 4.56% over 2015. * $123,961 or 2.29% is due to increases in Operations $ 83,600 or 1.55 % is due to the total increase in the Transfer of funds for capital projects $ 12,000 or .22% is for the increase in Debt portion of the levy, • $ 27,000 or .50% is due to severance pay funded by reserves Information regarding this and the changes in revenue mix are included in the 2016 Annual Budget Report. The proposed tax levy for the City is $5,191,593 for the General Levy and $0 for the Debt Levy. This Levy is $168,862 or a 3.36% increase over 2015's levy. I have prepared the resolutions for the 2016 Budget Adoption based on the present budget. If during the TNT hearing any changes are made by the council, I will change the resolution accordingly. Action Request Adopt the Resolution for the 20165 Budget for General Fund of$5,648,560 or as adjusted by council. Page 157 of 200 RESOLUTION 15- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2016 BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council the proposed budget for calendar year 2016; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights: That the 2016 budget is hereby approved as presented by the City Finance Director In the total General Fund amount of$ 5,646,560 Passed by the City Council for the City of Oak Paris Heights this 8th day of December 2015. Mary McComber, Mayor Attest: Eric A. Johnson Administrator Page 158 of 200 Oak Park Heights Request for Council Action Meeting Date December 8',2015 Time Required: 5 Minutes Agenda.Item Title: No-Fault Insurance Cover Agenda Placement New BusinesvIl�X/ Originating Department/Req stor ric J on C' Administrator Requester's Signature Action Requested Discussion o ible Action Background/Justification(Ple e i dicate if any previous action has been taken or if other public bodies have advised): The Council has discussed the po s' ility of the City acquiring a NO FAULT INSURANCE COVERAGES for water and sewer back-ups from eague of Minnesota Cities Insurance Trust. This type of insurance would provide a financial benefit to property owners impacted by a sanitary and/or water damages resulting from issues stemming from the City main systems when generally: The sewer backup was not the result of an obstruction or other condition in sewer pipes or lines which are not part of the city's sewer system or which are not owned or maintained by the city. • The water main break damage to property of others was not caused by city negligence. • The sewer backup or water main break was not caused by or related to an excluded incident. The cost of such coverages can vary between amounts of coverages from$10,000,or$20,000 or$40,000;or$1.79, $2.11 or$2.63 per connection respectively.There are approximately 80+cities out of 800 in Minnesota that offers such coverages.Based on a$20,000 coverage limit,the City's estimated annual fee would be$2,743 for such coverage(1,300 X$2.11). If the Council would like to move forward with this type of coverage two actions must occur. 1. Authorize the submission of an application to the LMCIT.Once submitted,the LMCIT would review and determine if the City is eligible for such coverages—based on loss history,type of materials,maintenance and policy standards. 2. Approve the enclosed resolution seeking coverage.(The City may be required to pass additional or amended resolutions if coverage is permitted). 3. Part VI would attempt to address any currently outstanding issues. Also See the enclosed information about NO FAULT coverage from the LMCIT Page 159 of 200 RELEVANT LINKS: 1. Cove a limits and deductibles A mandatory ded 'ble of$2,500 per occurrence apo ies to all liability claims for sanitary s wer backups unless the city r icipates in LMCIT's sanitary sewer incenti program. Cities already g a higher deductible on their liability coverage not affectt by this cities using an aggregate deductible app ach for corage a impacted in the event the aggregate limit is reached d the maint ce deductible is less than$2,500. See Section HI.R2,No- Members that purchase the L CIT no- ault sewer backup coverage are fault sewer bac/a p CoMme. automatically considered to m the riteria to avoid the mandatory minimum deductible. Dovwrnload the maw' To qualify for the incentive, Citi ust complete a sanitary sewer system sewer system questionnaire, located on the last pace of questionnaire and return it to CI If the information provided confirms LMC information memo, that a city meets the criteria, ' will no a subject to the higher mandatory deductible. A city may ce . they m e criteria either at the time of renewal or midterm. If q ification occ midterm, LMCIT will issue an endorsement removing a minimum deduc 'ble. Cheryl Brennan,Loss For assistance in d fining compliance or veloping the required sewer Control Field Services Manager inspection and m ' tenance programs, contact city's loss control field cbrennan@lmc.org consultant or the oss control field services manager and use LMCIT's 651-215-4079 sanitary sewer oolkit containing model forms and ggested policies to meet LMC information memo, the criteria. \, Sanitary Sewer Toolkit.A Guide for Maintenance Policies and Procedures. 2. No-fault sewer backup coverage As an option,no-fault sewer backup coverage is available for members that meet certain underwriting criteria. The optional coverage comes with an additional charge and will reimburse a property owner for cleanup costs and damages resulting from a city sewer backup or from a city water main break, irrespective of whether the backup was caused by city negligence. The no-fault sewer backup coverage ontinn is invnded to- • Reduce health hazards by encouraging property owners to cleanup backups as quickly as possible. • Reduce the frequency and severity of sewer backup lawsuits(i.e.,property owners may be less inclined to sue if they receive conciliatory treatment at the time of the backup). • Give cities a way to address the sticky political problems that can arise when a property owner learns the city and LMCIT won't reimburse for sewer backup damages because the city wasn't negligent and therefore not legally liable. League of Minnesota CINes Information Memo: 71912015 LMCIT Liability Coverage Guide Page 44 Page 160 of 200 RELEVANT LINKS: Many cities and their citizens may find this coverage option to be a helpful tool.However, it's also important to realize it's not a complete solution to sewer backup problems, and not every possible backup will be covered. One may wonder whether it is considered a gift of public funds to pay for damages the city isn't legally liable for.. The legal basis for this coverage is that it helps reduce health hazards by encouraging prompt cleanups. That's clearly a public purpose and in the public interest. Also,the law and facts surrounding most sewer backup claims are rarely clear.There's virtually always a way that a claimant's attorney can make some type of argument for city liability.Having this coverage in place should help eliminate the need to spend public funds on litigation costs in many of these cases. a. Coverage terms The no-fault coverage will reimburse the property owner,for sewer backup damages or water main breaks, regardless of whether the city was legally liable, if the following conditions are met: • The sewer backup resulted from a condition in the city's sewer system. • The sewer-backup was not the rtsult of an obstruction or other condition in sewer pipes or lines which are not part of the city's sewer system or which are not owned or maintained by the city. • The water main break damage to property of others was not caused by city negligence. • The sewer backup or water main break was not caused by or related to an excluded incident. • The date of the occurrence giving rise to the claim for sewer backup or water main damages must be on or after the retroactive date shown on the city's endorsement. The no-fault coverage will not pay for any damages or expenses which are or LMC information memo, would be covered under a National Flood Insurance Program(NFIP) flood National Flood Insurance insurance policy,whether or not such insurance is in effect; or for any costs Program. Which the property owner h4s been reimbursed or is eligible to be reimb ed by any homeowners' or other property insurance. Following are other incidents that are specifically excluded under the no-fault coverage: League of Minnesota Cities Information Memo: 7!912015 LMCIT Liability Coverage Guide Page 45 Page 161 of 200 RELEVANT LINKS: • Any weather-related or other event which has been declared by the President of the United States to be a major disaster pursuant to the Stafford Act. « Any interruption in the electric power supply to the city's sewer system or to any city sewer lift station which continues for more than 72 hours. • Rainfall or precipitation which exceeds any of the following amounts: 2.0 inches in a I hour period; or 2.5 inches in a 3 hour period;or 3.0 inches in a 6 hour period; or 3.5 inches in a 12 hour period;or 4.0 inches in a 24 hour period; or 4.5 inches in a 72 hour period; or 5.5 inches in a 168 hour period. b. Coverage limits The basic limit for sewer backups is $10,000 per building per year,regardless of the number of occurrences or the number of claimants. The city also has options to purchase higher limits of$25,000 or$40,000 per building. For purposes of the limit, a structure or group of structures that is served by a single connection to the city's sewer system is considered a single building. Only true no-fault claims are counted toward the limit. Claims for damages See sermon 111.x,sewer caused by city negligence, for which the city would be legally liable in any b-"W8• case and for which would be covered under the standard LMCIT Iiability coverage, are not charged against that limit. The basic limit for water main breaks is$10,000 to any claimant,with the option to purchase higher limits of$25,000 or$40,000 per building.LMCIT will not pay more than$250,000 for water main break damage resulting from any single occurrence.All water main breaks which occur during any period of 72 consecutive hours is deemed to result from a single occurrence. c. Premium costs The no-fault sewer backup premium charge is based on a per sewer connection basis as follow. $10,000 limit $1.79 per connection manual rate $25,000 limit $2.11 per connection manual rate $40,000 liMit $2.63 per connection manual rate League of Minnesota Cltles Information Memo. 7/9/2013 LMCIT Liability Coverage Guide Page 46 Page 162 of 200 RELEVANT LINKS: LMC information memo, The coverage also includes an experience-rating component.Members that have incurred no losses under this coverage within a three-year rating period receive a 10 percent credit.Members that have incurred losses within the rating period at a per-connection frequency that is higher than the LMCIT program average receive a 10 percent debit. d. Eligibility To be eligible for the no-fault sewer backup coverage,the city must meet these underwriting criteria: • The city must have a policy and practice of inspecting_ and cleaning its sewer lines on a reasonable schedule. • If there are any existing problems in the city's system which have caused backups in the past or are likely to cause backups,the city must have and be implementing a pian to address those problems. • The city must have a system and the ability to respond promptly to backups or other sewer problems at any time of the day or week. • The city must have in place an appropriate program to minimize storm water inflow and infiltration. • The city must have in place a system to maintain records of routine sewer cleaning and maintenance, and of any reported problems and responses. For assistance in developing The goal of these criteria is to focus on reasonableness rather than on creating sewer policies,practices, and schedules,please see specific standards. The intent isn't to set an arbitrary requirement that sewers the Sanitary Sewer To rk:t. be inspected and cleaned every six months, every three years,or every five A Guide far Maintenance Policies and Procedures. years.What makes sense in one city with some older and sometimes sagging clay lines probably wouldn't make sense in a city with newer plastic lines,and vice versa.From LMCIT's standpoint,the real concern is that the city has considered its own situation and developed policies,practices, and schedules that mare sense for its own situation. e. Applying for no-#cult sewer backup coverage Cities interested in applying for the no-fault sewer backup coverage should first contact LMCIT. If the city qualifies for coverage, LMCIT will send the city a formal quote. If the city decides to purchase the coverage,the city council must then pass a formal resolution making the no-fault sewer backup protection part of the agreement between the city and the sewer customer. Once LMCIT receives a copy of the resolution, coverage can be bound. League of Minnesota Cities Information Memo: 7MO15 LMCIT Liability Coverage Guide Page 47 Page 163 of 200 RELEVANT LINKS: LMCIT requires a resolution because the coverage is really a contract between the city and the sewer user. In other words,the basis for the no-fault payments to the property owner would be the contract between the city and the sewer user. The idea is that by paying their sewer bill,the sewer user is purchasing not just sewer services but also the right to be reimbursed for certain specified sewer backup costs and damages. f. Discontinuing no-fault sewer backup coverage If the city decides to discontinue coverage sometime in the future,make sure the city or its agent notifies LMCIT. The council should also formally rescind the resolution that made the no-fault sewer backup protection part of the agreement between the city and the sewer customer. The city should also notify its sewer users that the coverage was discontinued. S. Skate parks The LMCIT liability coverage applies to claims arising #of skate park operation .However,due to the various types of ska ark configurations and the various xposures presented by them,coverage ' only provided if certain loss control 'ces are in place.The coverage d premium charge will also vary based on a type of skate park facility,w ' h is for coverage purposes identified as eith a tier 1 or tier 2 skate park 1. Tier 1 skat arks Tier I skate parks have atures 48 me s or less in height,pyramids C fit or less in height,and bowls eet or les n depth.No additional premium is charged for this type of ska ark. LMCIT requires the following 1 control practices for tier I parks: See LMC hiformafion • Skaters must wear perso prot ive equipment such as a helmet, memo,,Park and Recreation Loss Control Guide For flexible wrist guards or ves, el bo and knee pads, and proper shoes. more Toss control recommendations. . Facility rules and safe guidelines mu be posted in a conspicuous location. • Periodicsecurity in ections must be conduc d by city personnel (law enforcement,par d recreation supervisor, e . to ensure skate park rules are being o served. • Any skate par eature, including bowls or pyramids, at are 48 inches or higher must ve a safety guardrail on the back or come help prevent falls. * Skaters in be prohibited from bringing in their own ramps,handrails, League of Minnesota Cities Information Memo: 7WO15 LMCIT Liability Coverage Guide Pale 48 Page 164 of 200 Resolution RESOLUTION ESTABLISHING LIlI+ WED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREADS FOR WATER AND SEWER CUSTOMERS WHEREAS, the City of Oak Park Heights provides water and sanitary sewer services to property within its jurisdiction;and WHEREAS,water main breaks may cause water to enter into property causing damage; and WHEREAS, blockages or other conditions in the City of Oak Park Heights's sanitary sewer lines may cause the back-up of sewage into properties that are connected to those City of Oak Park Heights's sanitary lines;and WHEREAS,water main breaks and sewer back-ups pose a public health and safety concern;and WHEREAS, it may be difficult to determine the exact cause and responsibility for a water main break or sanitary sewer back-ups and WHEREAS,the City of Oak Park Heights desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups;and WBERAS, the City of Oak Park Heights desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims,and WHEREAS,the City of Oak Park Heights is a member of the League of Minnesota Cities Insurance Trust(LMCIT);and WHEREAS, LMCIT has offered the City of Oak Park Heights limited "no fault" sewer coverage and water main break coverage (No-Fault Coverage) that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the City of Oak Park Heights is at fault. NOW THEREFORE,BE IT RESOLVED,as follows: The City of Oak Park Heights, if after submission of a complete application to the LMCIT for such no fault coverages and if it is made available to the City, the City will reimburse water and sanitary sewer customers for up to $20,000 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up,regardless of whether the City of Oak Park Heights is negligent or otherwise legally liable for damages,subject to the following conditions: I. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups: A- The back-up must have resulted from a condition in the City of Oak Park Heights's sanitary sewer system or lines, and not from a condition in a private line. B. The back-up must not have been used by any catastrophic weather or Wier event which has been declared by the President of the United States to be a major disaster pursuant to 42 U.S.C. §§ 5121-5206, commonly known as the Stafford Act. Page 165 of 200 C. The back-up must not have been caused by an interruption in electric power to the City of Oak Paris Heights's sewer system or to any City of Oak Park Heights lift station, which continues for more than 72 hours. D. The back-up must not have been caused by an amount of precipitation equivalent to rainfall amounts which exceed: • 2.0 inches in a I-hour period;or 2.5 inches in a 3-hour period;or • 3.0 inches in a 6-hour period;or • 3.5 inches in a 12-hour period; or • 4.0 inches in a 24-Hour period;or • 4.5 inches in a 72-hour period; or • 5.5 inches in a 16$-hour period. E. Neither the City of Oak Park Heights nor LMCIT will reunburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection(NFIP)policy,whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City of Oak Park Heights or LMCIT will reimburse is $20,000 per building, per year. A structure or group of structures served by a single connection to the City of Oak Park Heights's sewer system is considered a single building. 11. Water Main Breaks. For wager main breaks: A. Neither the City of Oak Park Heights nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance B. The maximum amount that the City of Oak Park Heights or LMCIT will reimburse is$20,000 to any claimant,regardless of the number of occurrences or the number of properties affected. C. Neither the City of Oak Park Heights nor LMCIT will pay more than$250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or$20,000. 2. The suer of the preliminary reimbursement figures for all claimants will be calculated. 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing$250,000 by the sum of all claimants' preliminary reimbursement figures. Page 166 of 200 III. The City of Oak Park Heights's determination to make these payments is contingent on and expressly limited to the extent that No-Fault Coverage is in force and available to reimburse the City of Oak Park Heights for the costs set forth herein. W. The City of Oak Park Heights retains the right, in its sole discretion,to revoke,rescind, or modify this resolution at any time. V. The Oily of Oak Park HWO-ts he-mby resci-W- s ww prior resolution providing -felt sewer b kuF coverage and water main break coverage. VI. The City of Oafs Parts Heights further directs that the Director of Public Works shall be authorized, in the event of a sewerage back-up where it is evident in the Director of Public Works' opinion that sewerage resulting from a back—up or blockage of the city's sewer systems has reached the inside of a residence or commercial property, to authorize up to $5,000 to reimburse out-of-pocket clean-up costs from a commercial clean-up vendor. Any such payment permitted by the Director of Public Works shall not be considered an admission of fault or liability of the City.Additionally,if there are other no-fault coverages or other insurance coverage in place by the City or any other party that may come into effect such reimbursements may be offset against any prospective payments derived from other policies, claims or settlements resulting from the backup. This policy shall be effective immediately and remain in effect until modified or changed by council directive. IN WITNESS WHEREOF,the City of Oak Park Heights, by action of its governing body, caused this Resolution to be approved on ,20 By: Mary McComber,Mayor ATTEST: -------------------------------- City Administrator Page 167 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 168 of 200 IV, Oak Park Heights Request for Council Action Meeting Date December 8'h.2015 Time Required: 5 Minutes Agenda.Item Title: Consider Adoption of Cost Participation Policy on Contributing Flows to City Sanitary Sewer and Storm Water Systems Agenda Placement New Business Originating Department/Requestor AdEric Johnson-Cfty Administrator Requester's Signature Action Requested Dlscussio ossible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City Council has previously discussed the possibility of establishing a clear policy on "costs" associated with outside public agencies desiring to utilize City sanitary or storm water infrastructure for their projects, namely capital contributions and continuing maintenance. This policy is further necessary as it remains the responsibility of the requesting taxing authority to pay for all short and long term costs associated with projects tying in to City systems and not to externalize non-City costs on to the City rate payers. The enclosed draft policy establishes a clear standard that requires a certain contributions as well as covers costs for engineering, admin,construction and plan review. Page 169 of 200 Cost Participation Policy on Contributing Flows to City Sanitary Sewer and Storm Water Systems If the City determines that it will permit access to City Utilities by outside public/private agencies (State I Countyl Watershed)the following minimum cost sharing policies shall apply: 1. The City shall require prior payment of a portion of the capital costs of the City's constructed facilities (storm water or waste water) to which a publiclpdvate agency proposes to connect and utilize. Such capital costs shall be equivalent to the percentage of conbibaflng flow for atilized infrastru Ure plus an additional 35 percent for any directly related engineering, legal and administrative costs. If actual costs for engineering and legal costs are available, the amounts shall be similarly prorated. Administrative costs shall always be one percent or$504 whichever is higher. 2. Continuing maintenance costs shall also be paid by the requesting public/private agency, including repairs and replacements for utilized infrastructure, downstream maintenance or any directly related cost.Such costs shall be based on contributing flow as calculated by the City Engineer. 3. Engineering costs to review a proposal to contribute or connect to City systems may be required to be paid by the requesting party. Such engineering review costs shall be estimated by the City Engineer and an escrow shall be paid by the requesting party prior to any formal evaluation of the proposal being further considered by the City. 4. Prior to any connections made to the City's systems, a final cost sharing agreement, incorporating the above capital and maintenance cost responsibilities shall be fully executed between the City and the contributing party as approved by the City Engineer and City Attorney. 5. Pursuant to other City Policies;the City will not accept connections from or with projects lying outside of the jurisdictional borders of the City. 6. For private agencies participating in any such agreements their cost participation shall be secured or collateralized by consent to assessment and collection with property taxes,if applicable. Page 170 of 200 Oak Park Heights Request for Council Action Meeting Date December 8a',2015 Time Required: 5 Minutes . Agenda,Item Title: Consider Ordinance Amendments to 1401 -Regulating Wa on Vendors-- Food Trucks. Agenda Placement New Busme Originating Department/Re estor �,Jc nso City Administrator Requester's Signature Action Requested Discu on Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): City Staff has explored the issue of a possible prohibition of FOOD TRUCKS operating in the City.The enclosed ordinance amendments(140 1)would implement such prohibition with some limited exceptions for private catering events and limited non-profit sales events.Many cities have explored this issue and have taken various approaches of not regulating such operations,to allowing some limited areas as well as prohibiting them.For example: Blame in industrial areas only tosereveworkms 0yo►slinanceandlicense weonly allow them Mindustrial areas to servevrorkes, . Sumsville Natprohibited. No.Wehaveai,L.rdinanceinplace toall owthem.-Weonlyhave two Faribault Notprohibited. We don't regulate the four or so food trucks that we have in Faribault Because Mounds Yew lacks pedestrian density,none of the restaurants were overly concerned abt food trucks—it was anon Mounds Mew Not prohi bited. issue In the!r opinion.We've had two differenttacotrucks over the last couple years,people say the food is good though I don't think they much business North Oaks No Ordinance We don't have any such ordinance Savage Generally prohibited with limited special events Ordinance tiasicallystat�estheyamnotallowedunless in conjunction with a special everts permit Our ordinances do not al low the conduct of business on our City Waconia Not OnCity 5b /On Private PrgpwW with &trsets.This adinancepreveimfood lrusks.Wedflallow#gQd Permission from Owner trucks on private property.So If a business owner wishes to host one,we allow that In short,some criteria to consider to permit Food Trucks would be if there would be a food void(where there is limited to no local food options)or where there is a viable pedestrian-based demand that is potentially underserved such as in a downtown or more urban setting as these can help such areas retain shoppers.However,Oak Park Heights would not seem to readily fall under either'of these criteria—as there are numerous retail food establishments and the City is not akin to a large or focused pedestrian base.Moreover,the City would have an interest in preserving its"brick and mortar"business base for which limiting food trucks can be such a tool. To date,to the best of my knowledge there is not a food truck regularly operating in the City,but some inquires have been received over the past few months. Page 171 of 200 1401 AN ORDINANCE REGULATING WAGON VENDORS,ESTABLISHING PERMIT FEES AND PROVIDING PENALTIES FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA,DOES ORDAIN: 1401.01 Purpose and Intent. This Ordinance is adopted for the purpose of protecting the public health, safety, morals,comfort,convenience,and general welfare of the citizens of the City of Oak Park Heights,by regulating the activities of wagon vendors on the public streets of the City of Oak Park Heights. It is not intended by the provisions of this Ordinance to abrogate,in any way,the provisions of Minnesota Statutes regarding the licensing of the sale of food,but it is deemed essential for the Oak Park Heights City Council to require the issuance of a permit in order to control the hours and routes of operation of vehicles dispensing or vending confections and to assure that insurance and other safety requirements, as set forth herein,have been complied with. 1401.02 Permit Required. A. No owner or operator of any vehicle which is used for the purpose of offering for sale,dispensing or vending goods_directly frown such vehicle shall carry on such dis ensin or vendinactivity on the public streets of the Ci of Oak Park Heights unless such vehicle is licensed by the State of Minnesota and unless the provisions of this ordinance have been met. , or vending aetivity an the publie streets of the ;jj),of Oak Park leights,-�Iess Such ordinance have been No other vehicle trailer or mobile food unit based food sales other than as permitted in this Ordinance may o erate in the City. This Ordinance shall not apply to persons using vehicles for the delivery of, as distinguished from offering for sale, goods or services directly to homes or establishments where the goods are taken by the operator of the vehicle onto private or public property for delivery. The permit shall be required, however, to assure compliance with the provisions of this Ordinance for any mobile unit being used on the public streets for the purpose of vending or dispensing as aforesaid. C. A mobile food unit ma operate on private pLopgM with the written consent of the private pLo2ertv owner for tem or one-d_ay pdjate cateringores not exceedinsz a total of five days er year on such site and shall not be open for sales to the ggneral public. Any private property ma host one mobile food unit at one time and Lap to the total of the five dgy limit per calendar year for all mobile food units.A L Page 172 of 200 mobile food unit mU notoperate on Ciy pMgMwithout therior written a royal by the Cily Council.Mobile food units are otherwise prohibited in all other locations and May not operate at large in the Ci or on City right of ways.For themaoses of this Ordinance a"mobile food unit"is: 1 A self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle that is readil movable without disassembling and that is used to store re are diMlay or serve food intended for individual portion service,or 2 A mobile food unit as defined in Minnesota Statutes section 157.15 subdivision 9. D. Mobile food units fully com liant with Section C of 1401.02 and operating on private roe are not re uired to secure py further permits from the Ci E. On lands zoned B-2 or B-4 pdvate propgr1y owners ma WI-Y WI-Yfor a teMpgM mobile food unit permit from the City for the placement of mobile food units for the sole oses of the sale of food items to the q_- al public however such operations must be exclusively operated by a TRS recognized 501 c.3 charitable organization where a ma ori - of all funds collected are for the sole oses of directly benefitting such organization or its charitable pinoses.Food sales shall only occur on Satarda s and Sundays between 10 am and 6 pm. No propM ma host more than one mobile food unit at one time pp to a total of ten(10)days per calendar year.A separate permit shall be secured by the propLr1y owner from the Cily pjor to the commencement of ggy operation of a mobile food unit under this section.Proof of the 501 c. 3 designation and liabilily insurance will be required. F. All mobile food units must coWly with all other Conn or State re uirements or laws relative to those res ective agencies licensures and/or ins ections and all operators must be re ared to produce documentation of such compliance while in operation. 1401.03 Application for Permit. A. Application for a wagon vendor's permit shall be made to the City Clerk on a form to be provided by the City. The application shall describe the vehicle from which said vending operations will be carried on and shall give the names of the persons interested in said business. It shall describe the types of confections or other goods which will be sold from said vehicle. B. The applicant shall also set forth the names of the insurers providing liability coverage on the vehicle and the amount of coverage carried and shall contain the proposed hours and routes of operation. The application shall be for a specific vehicle and shall contain the name, signature and address of the owner, a description of the vehicle including the serial number, the Minnesota vehicle license number,the make and model of the vehicle, and 2 Page 173 of 200 the number of the license issued by the Commissioner of Agriculture for the sale of food. 1401.04 Permit Fee. The applicant applying for a wagon vendor's permit shall, before being issued a permit, pay to the City Clerk such sum as shall be established by City Council resolution. The application shall be approved by the City Council. The permit shall be nontransferable and all permits shall be for a period of one year and shall expire on the 31 st day of December of each year. 1401.05 Hours and Routes and Items Approved for Sale. No owner or operator issued a Wagon Vendor's permit for vending and dispensing as aforesaid shall carry on such activities in the City of Oak Park Heights except between the hours of 1:00 P.M.to 4:00 P.M.and 6:30 P.M.to 9:30 P.M. More than ten (10) days before the commencement of his operations, the applicant shall file with the Chief of Police a proposed route or routes over which the vehicle will travel each day within the City. The applicant shall follow such route while operating within the City. Proposed changes shall be filed with the Chief of Police at least ten days in advance of making such changes. If the Chief of Police shall disapprove of such routes,the applicant may appeal the ruling of the Chief to the City Council for determination. Only such routes shall be approved as will minimize the hazard to persons who may be customers to such vehicle and which will minimize traffic difficulties which may arise out of such operations.A Wagon Vendor mgy o&sell confections and novelties limited to reacka ed gods such as o co_M soft drinks and ice cream. 1401.06 Safety Requirements. Every applicant shall 'maintain liability insurance in the amount of at least $100,000.00 for single injuries and$300,000.00 for each accident,together with at least $10,000.00 property insurance. Vehicles must be parked at the curb while engaging in vending operations and vending shall be done only at the curb side of the vehicle. Each vehicle must be equipped with flashing lights on both the front and rear of the vehicle clearly visible to oncoming traffic in full daylight. 1401.07 Revocation. Every such permit may be revoked by the City Council for violation of any provision of this Ordinance if the permittee has been given reasonable notice and opportunity to be heard. 1401.08 Severability of Invalid Provisions. If any provision of this Ordinance shall be held invalid,its invalidity shall not affect any other provisions of this Ordinance that can be given effect without the invalid 3 Page 174 of 200 provision,and for this purpose the provisions of this ordinance are hereby declared to be severable. 1401.09 P t Violation of this Ordinance shall be a misdemeanor and may be punishable by a fine not to exceed Seven Hundred Dollars ($700.00) or imprisonment not to exceed Wnety (94) days, or both, Eaa Sept Y such violation is srontin shall constitute a separate offense. 4 Page 175 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 176 of 200 4k Oak Park Heights Request for Council Action Meeting Date: Tuesday December 8th, 2015 Agenda Item: Ordinance 1302 and Boulevard Tree Removal/Re-Planting Policy Updates Time Req. 5 Minutes Agenda Placement: New Business Originating Department/Requestor: Public Works And Ke-gley, Public Works Director Lisa Danielson. Arborist r Requester' Signature Action questei Approve Updated Ordinance 1302, Updated Boulevard Tree Removal/ e-PlantingPolicy and City of Oak Park Heights Tree Planting List with Prohibited Trees and Shrubs Please See Attached Memo. Page 177 of 200 Ar s City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)4394439•Fax 439-0574 Memorandum Ta Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson,Arborist Dates 12/312015 Re: Updates to Tree Ordinance 1302 and Boulevard Tree RemovallRe-Planting Policy Attached are the final versions and red-lined versions showing the edits for Ordinance 1302 An Ordinance Relating to the Control and Prevention Program and Shade Tree Pests within the City of Oak Park Heights, Policy Regarding Removal/Re-Planting of Boulevard Trees, and City of Oak Park Heights Tree Species hist with Prohibited Trees and Shrubs included. In October, emerald ash borer (EAB) was identified in Washington County and it was not addresed in any of the City Ordinances as a shade tree pest. Therefore it is now the appropriate time to update Ordinance 1302 to include EAB and define it as a shade tree pest. Emerald ash borer also needed to be added to the ordinance under abatement as well as Dutch elm and oak wilt located on private property for who is responsible for removal of those diseased trees. The City Policy Regarding Removal/Re-Planting of Boulevard Trees also needed to be updated since ash removal management was not listed as a reason for replacement. The cost share when a removal is granted was changed from one hundred dollars ($100) to two hundred dollars ($200) due to the increasing costs of tree replacement and tree removals. The Policy also includes an added one hundred dollar cost share for replacement trees requested within a two (2) year time span of when a tree dies due to equipment damage/ injury after the original one year warranty expires. A tree species list designating acceptable trees for boulevard planting is included in the policy. This is not new in concept, the old policy referred to an approved boulevard tree planting list that could not be located. The list is should be a valuable resource for all residents to use since it has a very comprehensive list of trees by common and scientific name, size, if it's an TREE CITY U.S.A. Page 178 of 200 option to be planted on the boulevard, and different varieties available. The list can be used as a handout and made available on the City's website. If the Council finds the updated City Ordinance 1302 AND the Tree Removal/ Replanting of Boulevard Trees policy acceptable I recommend approval of both documents. 2 TREE CITY U.S.A. Page 179 of 200 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA ORDINANCE NO.2015-1302-03 AN ORDINANCE AMENDING CHAPTER 1302 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS RELATING TO THE CONTROL AND PREVENTION PROGRAM OF SHADE TREE DISEASES AND SHADE TREE PESTS WITHIN THE CITY OF OAK PARK HEIGHTS THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA,DOES ORDAIN: Section 1. That the Ordinance title of Chapter 1302 of the Code of Ordinances of the City of Oak Park Heights is hereby deleted in their entirety and replaced with the following: An Ordinance Relating to the Control and Prevention Program of Shad Tree Diseases and Shade Tree Pests Within the City of Oak Park Heights. Section 2. That Sections 1301.01 through 1301.08 of the Code of Ordinances of the City of Oak Park Heights are hereby amended to read as follows: 1302.01 Shade Tree Disease and Shade Tree Pest Control and Prevention Program. It is the intention of the Council of the City of Oak Park Heights to conduct a program of plant disease and pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.G, as amended. This program is directed specifically at the control and elimination of shade tree diseases and shade tree pests and is undertaken at the recommendation of the Commissioner of Agriculture. The City Arborist shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. 1302.02 Definitions. The following terms, used throughout Ordinance 1302, shall have the meanings stated: A. "Shade tree disease" means a disease affecting an over story deciduous tree such as Dutch elm disease or oak wilt. B. "Shade tree pest" means any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest such as the emerald ash borer (EAB) insect (Agrilus planipennix). C. "Nuisance"means (1) any living or standing tree infected to any degree with a shade tree disease or shade tree pest; or, (2) any logs, branches, stumps or Page 180 of 200 other parts of any dead or dying tree, so infected, unless such parts have been fully removed,treated or burned under the direction of the City Arborist. D. "Arborist" means an individual trained in the art and science of planting, caring for and maintaining individual trees. Arborists are knowledgeable about the needs of trees and are trained and equipped to provide proper care. 1302.03 Position of the C±y Arborist Created. The position of City Arborist is hereby created and the powers and duties of such are set forth in this ordinance are hereby conferred upon the Director of Public Works in charge of Public Works of the City of Oak Park Heights. 1302.04 Duties of City Arborist. It is the duty of the City Arborist to coordinate, under the direction and control of the Public Works Director, all activities of the municipality relating to the control and prevention of shade tree diseases and shade tree pests. He/She shall recommend to the Council the details of a program for the control of shade tree disease and shade tree pest control and perform the duties incident to such a program adopted by the Council. 1302.05 Nuisances Declared. A. The prevention, control and abatement of live trees which may create a public hazard, dead trees, or brush trees which may be affected by Dutch elm disease, Oak Wilt disease, and Emerald Ash Borer and other tree diseases and infestations regulated by the Minnesota Department of Agriculture pursuant to statute, rule, or commissioner's declaration which is necessary for the protection, preservation and conservation of public and private lands and the investment and benefit therein, and to protect and promote the general welfare of the public and this community. Therefore, the following conditions are hereby found and declared to be a public nuisance wherever they exist within the City of Oak Park Heights: 1. Any living or standing elm (Ulmus) tree or part thereof infected to any degree with the Dutch elm disease fungus, Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus Multistrialus (Eichh.)or Hylurgopinus rufapes (Marsh). 2. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed or burned. 3. Any living or dead oak (Quercus) tree or part thereof infected to any degree with the oak wilt fungus Ceratocytis fagacearum. Page 181 of 200 4. Any living or dead ash (Fraxinus spp.) tree or part thereof infected to any degree with the insect Emerald Ash Borer (Agrilus planipennix). 5. Any tree creating a public hazard whether the tree is on public or private property, and without regard for any damage to the tree. 6. Any standing dead trees or dead brush located outside of a natural treed area within a developed lot. B. Abatement Generalized. It is unlawful for any person to permit any public nuisance as defined in Section 1302.05A to remain on any premises owned or controlled by him/her within the City of Oak Park Heights. Such nuisances may be abated in the manner prescribed by this Ordinance. 1302.06 Inspection and Investigation. A. Annual lnspection. The City Arborist shall inspect all premises and places within the City as often as practicable to determine whether any condition described in Section 1302.05 to be a public nuisance, exists thereon. All reported incidents of infection by Dutch elm fungus, the presence of elm bark beetles, infection by the oak wilt fungus or the presence of emerald ash borer shall be promptly investigated. B. EptU on Private Premises. The City Arborist or his/her duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this Ordinance. C. Diagnosis. The City Arborist may, upon finding conditions indicating a shade tree disease infestation or a shade tree pest infestation, immediately send appropriate specimens or samples according to current recommendations to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as currently recommended by the Commissioner. 1302.07 Abatement of Shade Tree Disease and Shade Tree Pest Nuisances. In abating the nuisances defined in Section 1302.05 the City Arborist shall direct the infected tree or wood to be sprayed, removed, burned or otherwise effectively treated by the property owner so as to destroy and prevent as fully as possible the spread of shade tree disease fungus, elm bark beetles, oak wilt disease, and emerald ash borer. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. Page 182 of 200 A. Presence of Elm Bark Beetles or Emerald Ash Borer. When the presence of elm bark beetles has been discovered in or upon any living elm tree but the presence of Dutch elm disease fungus is not then or thereafter diagnosed, the tree shall be treated in a manner which will effectively destroy and prevent as full as possible the spread of the elm bark beetle. When the presence of emerald ash borer has been discovered in or upon a living Fraxinus (ash) tree, the tree shall be inspected in a manner carried out in accordance with current specifications and procedures approved by the Commissioner of Agriculture. B. Dead Elm or Fraxinus ash Trees Los Stu= s etc. Standing dead elm trees, elm logs, branches, stumps, firewood or other raw material from which the bark has not been removed and which are not infected with Dutch elm disease fungus, shall have the bark removed, destroyed and disposed of or shall be treated in a manner which will effectively destroy and prevent as fully as possible the spread of the elm bark beetle or the emerald ash borer. If such treatment is not effective, or, because of the extent of infestation, cannot be effective, the trees, logs,branches, stumps, firewood or other raw elm material shall be removed, destroyed and disposed of. 1302.08 Procedure for Removal of Infected Trees and Wood. Whenever the City Arborist finds with reasonable certainty that the infestation defined in Section 1302.05 exists in any tree or wood in any public or private place in the City,he/she shall proceed as follows: A. Specifications and Procedures. The City Arborist or appointed individual(s) shall establish specifications and procedures for the removal, destruction and disposal of trees and wood infected with Dutch elm disease, Oak wilt fungus or emerald ash borer. Including trees, logs, branches, stumps, firewood and other raw material. B. Such specifications and procedures shall be consistent with current specifications and procedures designated or approved by the Commissioner of Agriculture. Section 2. That Section 1302.09 is deleted in its entirety and replaced with the following: 1302.09 Abatement on Private or Government Pro Whenever a nuisance as declared in 1302.05 is found to exist on private property outside any public way in the city, or upon property owned and controlled by a governmental unit other than the city, the owner of such property shall be notified in writing by mail or by personal delivery, that such condition exists. The notice shall also state that if such nuisance is not abated by the owner or person in Page 183 of 200 control of such property within 30 days after receipt of such notice, in the manner prescribed by the city and through City Code 1100 may enter upon the premises and abate the nuisance. If the owner or person in control of any private premises upon which such a nuisance exists does not abate or eliminate the same within 30 days after receipt of notification, the City of Oak Park Heights, its officers, employees and agents shall proceed to have such nuisance properly abated or eliminated. Section 3. That anew Section 1302.10, Section 1302.11, and Section 1302.12 be added as follows: 1302.10 Abatement on Cily Pro Nuisances as defined in 1302.05 which exist upon property owned or controlled by the city, including public street right-of-way, shall be abated or eliminated by the forthwith in accordance with established specifications and procedures. 1302.11 Cost of Abatement. If, pursuant to Section 1302.07 and 1302.09, the City Arborist orders the removal or abatement of such nuisance, the City Arborist shall report the cost of the removal or abatement to the Council and the expense thereof plus an amount determined by the City Council to reimburse the City for its costs of inspection and eradication shall be assessed by the Council upon the lot or lots on which the nuisance was located. The assessment procedure shall be as prescribed by Minnesota Statutes, section 429.101 and said assessment shall be a lien on the lot or lots and shall be returned with and collected in the same manner as other city taxes. 1302.12 Transportation of Wood. No person shall transport any diseased wood (bark bearing elm, oak, or any ash (Fraxinus spp.)) within the City of Oak Park Heights unless it is carried out in accordance with the current specifications and procedures designated or approved by the Commissioner of Agriculture. Section 4. That the previous Sections 1301.10 and Section 1301.11 be renumbered to Sections 1302.13 and 1303.14,respectively, and amended to read as follows: 1302.13 Interference Prohibited. It is unlawful for any person to prevent, delay, or interfere with the City or his/her agents while they are engaged in the performance of the duties imposed by this chapter. 1302.14 Penalty. Any person, firm,partnership, or corporation who shall violate any portion of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof Page 184 of 200 shall be fined a sum not to exceed One Thousand Dollars ($1000.00) or imprisoned for a period not to exceed ninety(90) days, or both. Section 5. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota,on this a day of December,2015. CITY OF OAK PARK HEIGHTS Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 185 of 200 *DRAFT UPDATE* 1302 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION. PROGRAW OF SHADE TREE DISEASE . kN DS SHADE TRE ' . ` WITHIN THE CITY OF OAK PARK HEIGHTS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1302.01 Shade Tree Disease ProgMm and Shade Tree Pest Control and Prevention.Pro It is the intention of the Council of the City of Oak Park Heights to conduct a program of plant disease and pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.G, as amended. This program is directed specifically at the control and elimination of shade tree diseases magus and shade tree _pests and is undertaken at the recommendation of the Commissioner of Agriculture. The City Arborist shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. 1302.02 Letiruuons. The following terms used throughout Ordinance 1302 shall have the meanings stated: A. "Shade tree disease" means a disease affectin an over sto deciduous tree such as Dutch elm disease or oak wilt. Disease as fia4her defined in SeWen4302-05- B. "Shade tree est" means an vertebrate or invertebrate animal Iant atho en or lant in the communi threatenin to cause si ificant dama e to a shade tree or community forest such as the emerald ash borer EAB insect(Agrilus Plani ennix . C. "Nuisance" means 1 any.I iving or standing tree infected to qny degEge with a shade tree disease or shade treepest-,or, 2)any logs,branches.stumps or other parts of an dead or d3dng tree so infected unless such parts have been fully removed treated or burned under the direction of the Ci Arborist. D. "Arborist"means an individual trained in the art and science ofr)lant2ng. caring for and maintaining individual trees. Arborists are knowledgeable about the needs of trees and are trained and Nuipped to provide proper care. 1 Page 186 of 200 1302.03 Position of 'tv Arborist Created. The position of Ctv Arborist is hereby created and the powers and duties of such are,set forth in this ordinance are hereby conferred upon the .-)irector of Public Works ; in charge of Public Works of the City of Oak Park Heights. 1302.04 Duties of-Lq Arborist ""�e k„�r� It is the duty of the Ci'. Arbort71 r ; "'''-J':" to coordinate, under the direction and control of the Council,all activities of the municipality relating to the I control and prevention of shade tree disease. Ind sha . : tre: He.- shall recommend to the Council the details of a program for the control of shade tree disease contra-and perform the duties incident to such a program adopted by the Council. 1302.05 Nuisances Declared. A. The prevention. control and abatement of live trees which ma create a ublic hazard dead trees or brush trees which MR be affected by Dutch elm disease oak wilt disease and emerald ash borer and other tree diseases and infestations regulated by the Minnesota Department of Agriculture pursuant to statute, rule, or Commissioner's declaration which is necessary for the protection,preservation and conservation of public and private lands and the investment and benefit therein,and to protect arw' promote the -ger-'-' welfare o f Therefore the following `:':' : are public nuisances whenever they may be found within the City of Oak Park Heights: 1. Any living or standing ehn_{Ill..m...u,�' tree or part thereof infected to any degree with the shade tree disease fungus Ceratocystis Wmi(Buisman)Moreau or which harbors any of the elm bark beetles Scolytus Multi stria us (Eichh), or Hylurgopinus ', ru es (Mar h), oFmwy oak tive Any dead elm trees or part thereof,including l-gs,branches, stumps,firewood,or other elm material from which the bark has not been removed burned —Ae—i,-,,.ve . 3. Any living or dead oak uercus tree or part thereof infected to an degree with the oak wilt fungus Ceratoc stir Aagacerism. 4. An living or dead Fraxinus W.tree or part thereof infected to an de ee with the insect emerald ash borer(Agrilus Plani ennix . 2 Page 187 of 200 5. Any tree creating a public hazard whether the tree is on public or private propgM.and without regard for any damage to the tree. 6. An Stan ' trees or dead brush located outside-of a natural treed area within a develo ed lot. B. Abatement. It is unlawful for any person to permit any public nuisance as defined in Section 1302.05A to remain on any premises owned or controlled by him within the City of Oak Park Heights. Such nuisances may be abated in the manner prescribed by this Ordinance. 1302.06 Inspection and Investigation. A. Annual Inspection. The City Arborist shall inspect all premises and places within the City as often as practicable to determine whether any condition described in Section 1302.05-.,)be a Vuouc nuisauicG cxis s u s e on. . tut reported incidents of infection by Dutch elm fiMgus.the presence of elm bark beetles infection by the oak wilt fungus or the presence of emerald ash borer shall be promptly investigated. B. Entry on Private Premises. The Cj*v A ;,erT-fea h ec`•` . or his ... duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this Ordinance. C. Diagnosis. The ,,.IM Arborist shall, upon finding conditions indicating shade tree disease infestation f "ivs ation, immediately send appropriate specimens or samples_ +o current to the Cnmmissioner of Agriculture for analysis, or take such other steps for diagnosis asommended by the Commissioner. L :. lie -ar-wood shall be taken. pesitive disease leen ria: 1302.07 Abatement of Shade Tree Disease „,,gid Shade Tree Pest Nuisances. In abating the nuisances defined in Section 1302.05,the Cijy Arborist shall cause the infected tree or wood to be sprayed, removed, burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of shade tree disease fungus-and-elm bark beetles oak wilt disease 3 Page 188 of 200 etrer ?c' borer= Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. A. Presence of Elm Bark Beetles or Emerald Ash Borer. When the presence of elm bark beetles has been discovered in or upon an, lig elm tree but the presence of Dutch elm disease funM is not then or thereafter diagnosed,the tree shall be treated in a manner which wi ll effectively destroy andRrevent as full as possible the spread of the elm barb beetle. When the presence of emerald ash borer has been discovered in or upon a living Fraxinus(ash)tree,the tree shall be treated in a manner which will effectively, destroy and prevent as full as possible the spread of the emerald ash borer. If such treatment is not or, because of the extent of infestation,cannot be effective,the tree shall be removed. B. Dead Elm or Fraxinus (ash) Trees, Logs, Stumps,_ect. Standing dead elm trees elm los branches stumps.firewood or other raw material from which the bark has not been removed and which are not infected with the Dutch elm disease fungus,shall have the bark removed,destroyed and disposed of or shall be treated in a manner which will effectively destroy and prevent as fully as possible the Wread of the elm bark beetle or the emerald ash borer. If such treatment is not effective,or,because of the extent of the infestation cannot be effective;the trees, logs-branches, st=s, firewood or other raw elm material shall be removed, destroyed and disposed of. 1302.08 Procedure for Removal of Infected Trees and Wood. Whenever the. . tty Arbonst finds with reasonable certainty that the infestation defined in Section 1302.05 exists in any tree or wood in any public or private place in the City, he xlic shall proceed as follows: A. Specifications .md Procedures. The City Arborist or appointed individuals) shall establish specifications and procedures for the removal, destruction and disposal of trees and wood infected with the Dutch elm disease fungus, oak wilt fungus or emerald ash borer. They shall also establish specifications and procedures for treating live elm infested with elm bark beetles or Frarinus (ash)trees infested with the emerald ash borer for removing, destro mn and diMosing of elm or Fraxinus ashes and treating dead elm or Fraxinus(ash)trees,logs, branches, stumps,firewood and other raw elm material. 4 Page 189 of 200 B. Such specifications and procedures shall_be consistent with current specifications and procedures designated or approved by the Commissioner of Agriculture. I. Sfthe'I'QIGTt PiG-CWeGGVCfftRTRA[RTIGdRiTge r speei e.l time,-not lens t1.a five(5)days f e fel the aA+e Of Bugling O f Ahw netiee he may abate the aWsmee. B. Upon receipt o f the L'efsster4ree 7., e..+er2s ..e, a ft required by See4ien 1302.02 .4. 1, the ql;Rll by Feselugen efdef the a-u—is—Anee _Ab less+r,.,,, o /1 1 week p r to sueb meeting.The netee shall state 4he time s the estimaaest efthe abatement;and the pfepesed basis e if any,ofeests. Pw Couneil -x1,,,11 tl,a--after- adopt a resolution esefffifmingthe originW the doing of the work by day laber-of by eei4fut. dere tmaer thin seetion and shall ,.ep_4 monthly to*e Giyrrlerk allwork vne fef whieh asses.snwMs are to bemade,s"i•• and eeFWag +deseTiptien of the L,o land, l 5 Page 190 of 200 D- On or-before September- 1 s4 ef saeb year-,the Cler-k shall list the teW mWaid aFe attributable .101 and-ether-peRfine-filt statutes for-se..t:F:entio to the County Aiuii4.. ll ':, r:,ll o ate rifle n.i..-.+.,4 t 110300 ..d A-E. .,L tFe .;th:...the i City is kfi eted , .:+L, sha&vee disease, e the may spFay ,.li near-by Wgh value el or- oak tFeesmix:+4. man e- paiye distAffie Ceffffaissioner-of Agrieultffe and under the a 13. The et:r,e pFevisions__ef_feet:.,« 130-1.08 .ly to 1p ,..,t:.,... 1302.09 Abatement on Private or Government Property Whenever a nuisance as declared in 1302.05 is found to exist on pjivate prope outside any public way in the city, or upon property owned and controlled by a governmental u other than the city,the owner or person in control of such property shall be notified in writing by registered mail or b -personal delivery, that such condition exists.The notice shall also state that if such nuisance is not abated by the owner or person in control of such propqiLty within 10 days after receipt of such notice, in the manner prescribed by and through City_Code 1_1.00 ma, enter upon the premises and abate the nuisance. If the owner or person in control of any private premises upon which such a nuisance exists does not abate or eliminate the same within 10 days after receipt of notification,the City of Oak Park Heights, its officers employees and agents shall proceed to have such nuisance properly abated or eliminated. 1302.10 Abatement on Qy Pro e . Nuisances as defined in 1302.05 which exist upon property owned or controlled by the city, including public street Ti t-of-way, shall be abated or eliminated by the forthwith in accordance with established specifications and procedures. 6 Page 191 of 200 1302.11 Cost of Abatement. If,pursuant to Section 1302.07,the City Arborist orders the removal or abatement of such nuisance,the Cites Arborist shall report the cost of the removal or abatement to the Council and the expense thereof plus an amount determined by the City Council to reimburse the a City for its costs of inspection and eradication shall be assessed by the Council u on the lot or lots on which the nuisance was located. The assessment procedure shall be as prescribed by Minnesota Statutes, section 429.101 and said assessment shall be a lien on the lot or lots and shall be returned with and collected in the same manner as other ci taxes. 1302.12 Transportation of Wood. No person shall transport any diseased wood (bark bearing elm, oak,or any Ash (Fraxinus Mp.)) within the City of Oak Park Heights unless it is carried out in accordance with the current specifications and procedures designated or Wroved by the Commissioner of Agriculture. 1302.1: Interference Prohibited. It is unlawful for any person to prevent, delay, or interfere with the CC or his agents while they are engaged in the performance of duties imposed by this Ordinance. 1302.1 P_____t . Any person, firm, partnership, or corporation who shall violate any portion of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed WiRT , ($ ._ _ w. ) or imprisoned for a period not to exceed ninety(90) days,or both. 7 Page 192 of 200 I a CITY OF OAK PARK HEIGHTS POLICY REGARDING REMOVAL/RE-PLANTING OF BOULEVARD TREES Trees growing in the boulevard right-of-way will be removed by the City under the following conditions: 1. The tree is dead; 2. The tree is diseased(with a fatal disease such as oak wilt, Dutch elm disease or an invasive trunk canker); 3. The tree is an Ash(Fraxinus spp.) in poor condition 4. The tree is hazardous due to decay, storm damage or poor branch/trunk unions; 5. The tree blocks sight lines of a driveway or intersection and cannot be pruned to correct the situation; 6. The tree has large roots which are interfering with curbing, driveway, sidewalk, �P.x,Pr/�vatPr lines and corrective work needs to be done to the disturbed hardscape or utility; 7. The tree's roots are causing major damage to the property owner's lawn and all other remedies have failed to correct the problem. (Property owner should submit a Boulevard Tree Removal Request Form to the City Arborist) In some circumstances, a property owner may want to have a boulevard tree removed and conditions 1-6 do not apply. In these situations the following will apply: 1. The property owner(s) should submit a Boulevard Tree Removal Request Form to the City Arborist stating the reasons why they want the tree removed; 2. The City Arborist will assess the situation and determine whether or not the tree should be removed; 3. If, at the Arborist's discretion, a removal permit is granted, the City will have the tree removed and the property owner will pay a fee of$200.00 to share the cost of removal and re-planting. In cases where a boulevard tree is dead or dying due to damage caused by a lawnmower, weed whip/other tool or vehicle run either by the property owner, or a lawn care firm hired by the property owner, the boulevard tree will be removed and replaced by the City and the property owner will pay a fee of*$200.00 per tree to share the cost of removal and re-planting. In all cases where boulevard trees have been removed, a replacement tree will be planted in accordance with the following provisions: Page 193 of 200 1. There is adequate space on the boulevard for a new tree to grow to a healthy maturity; 2. The tree species will be chosen based on the City of Oak Park Heights Tree Species List and is listed as a City Boulevard Tree Option; 3. The adjoining property owner will be responsible for watering the new tree and keeping the mulch ring in place/maintained for at least one year after planting. *In cases where a tree has died due to lawnmower or weed whip damage and a replacement has been requested within a two year time span after the previous tree has died from this cause: cost share will increase with each removal/re-placement request by $100 for each request. 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V1 W iV V O 0 0 0 _ _ O O O L O (n O z z z z z z Z z z z z -C z z z z t z z z < z z z K z Page 196 of 200 ■ c � g E @ 0 c �_ CD m ƒ ■ J % cr E n 3 c V 0 c % ■ J 0 Ef crfir w � kxk � \ / rl) CD pr an § = / i ƒ 0 E % % % § § K « M, K E 3 \ m 2 � § E § S S � 2 2 § 3 g o - J 2 ■ ( 2 E 7 » 2 [ @ % E 2 % 2 2sR o ] m CL eD E m ] G) iA V m 0 z Ln n 2 @ "n » » k © $ G & § § E % i § § & m k ] k k t m % " 2 § � %ra MI rz OR _ « � � c � � £ rn mow w # £ FD' / n § R k < M £ f ° i m q 2 I � m k § Q = Mn aq & / X . C A 2 I \ % 2 § ? (D lu § @ m £ w § 1AS o CL m , _ LM rn o \ � 0 c k § Page 197y2m *DRAFT* UPDATE CITY OF OAK PARK HEIGHTS POLICY REGARDING REMOVAL/RE-PLANTING OF BOULEVARD TREES Trees growing in the boulevard right-of-way will be removed by the City under the following conditions: 1. The tree is dead; The tree is diseased(with a fatal disease such as oak wilt, Dutch elm disease or an invasive trunk canker); f2-3, tree is an Ash in poor coi � pion Fr h r The tree is hazardous due to decay, storm damage or poor branch/trunk unions; 4:.�. The tree blocks sight lines of a driveway or intersection and cannot be pruned to correct the situation; The tree has large roots which are interfering with curbing, driveway, sidewalk, sewer. : - . lines and corrective work needs to be done to the disturbed hardscape or utility; 6-.7. The tree's roots are causing major damage to the property owner's lawn and all other remedies have failed to correct the problem. In some circumstances, a property owner may want to have a boulevard tree removed and conditions 1-6 do not apply. In these situations the following will apply: 1. The property owner(s) should apply to the City for permit to remove the tree, stating the reasons why they want the tree removed; 2. The Arborist will assess the situation and determine whether or not the tree should be removed; 3. If, at the Arborist's discretion, a removal permit is granted, the City will have the tree removed and the property owner will pay a fee of$ .. 00.00 to share the cost of removal and re-planting. In cases where boulevard trees are dead or dying due to damage caused by a lawnmower, weed whip or other tool or vehicle run either by the property owner, or a lawn care firm hired by the property owner,the boulevard tree will be removed and replaced by the City and the property owner will pay a fee of. $ 00.00 per tree to share the cost of removal and re-planting. In all cases where boulevard trees have been removed, a new one will be planted in accordance with the following provisions: Page 198 of 200 1. There is sufficient room on the boulevard for the new tree to grow to a healthy maturity; 2. The tree species will be chosen based on the approved boulevard tree species list,, The adjoining property owner will be responsible for watering the new tree jA keeping the mulch ring in lace/magkia",w�l i *In cases where a tree has died due to lawnmower or weed whip damage and a replacement has been reguested within a two year time span after the pLevjous tree has died from this cause• cost share will increase with each removal/re laceme it request b 100 for each relest, Page 199 of 200 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 200 of 200